Okla. Stat. tit. 13, § 13-176.9

evidence - Ex parte order - Specifications of order - Time

limitations - Reports - Emergency oral authorization.

A. Each application for an order authorizing or approving the

interception of a wire, oral or electronic communication shall be

made in writing upon oath or affirmation to a judge of competent

jurisdiction and shall state the authority of the Attorney General

to make such application. Each application shall include the

following information:

1. The identity of the law enforcement officer initiating the

application and the district attorney authorizing the application to

the Attorney General;

2. A full and complete statement of the facts and circumstances

relied upon by the Attorney General to justify that an order should

be issued, including:

a. details as to the particular offense that has been, is

being or is about to be committed,

b. a particular description of the nature and location of

the facilities from which, or the place where the

wire, oral or electronic communications are to be

intercepted,

c. a particular description of the type of communications

sought to be intercepted, and

d. the identity of the person, if known, committing the

offense and whose wire, oral or electronic

communications are to be intercepted;

3. A full and complete statement as to whether or not other

investigative procedures have been tried and failed or why they

reasonably appear to be either unlikely to succeed if tried or are

too dangerous;

4. A statement of the period of time for which the interception

is required to be maintained, and, if the nature of the

investigation is such that the authorization for interception should

not automatically be terminated when the described type of

communication has been first obtained, a particular description of

facts establishing probable cause to believe that additional

communications of the same type will occur thereafter;

5. A full and complete statement of the facts concerning:

a. all previous applications made for authorization to

intercept wire, oral or electronic communications

involving any of the same persons, facilities or

places specified in the application, and

b. the action taken on each such application; and

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6. When the application is for the extension of an order, a

statement setting forth the results thus far obtained from the

interception or a reasonable explanation of the failure to obtain

such results.

B. The judge of competent jurisdiction may require the

applicant to furnish additional testimony or documentary evidence in

support of the application.

C. Upon the submission of the application, an ex parte order

may be entered, as requested or as modified, authorizing

interception of wire, oral or electronic communications within the

territorial jurisdiction of the judicial district of the district

attorney requesting the order if the judge of competent jurisdiction

determines on the basis of the facts submitted by the applicant

that:

1. There is probable cause for belief that an individual is

committing, has committed or is about to commit a particular offense

enumerated in Section 176.7 of this title;

2. There is probable cause to believe that particular

communications concerning the offense will be obtained through such

interception;

3. Normal investigative procedures have been tried and have

failed or reasonably appear to be either unlikely to succeed if

tried or are too dangerous; or

4. There is probable cause to believe that the facilities from

which, or the place where the wire, oral or electronic

communications are to be intercepted, are being used by an

individual or are about to be used in connection with the commission

of such offense or are leased to, listed in the name of or commonly

used by such person.

D. Each order authorizing the interception of any wire, oral or

electronic communication shall specify:
e facilities from

which, or the place where the wire, oral or electronic

communications are to be intercepted, are being used by an

individual or are about to be used in connection with the commission

of such offense or are leased to, listed in the name of or commonly

used by such person.

D. Each order authorizing the interception of any wire, oral or

electronic communication shall specify:

1. The identity of the person, if known, whose communications

are to be intercepted;

2. The nature and location of the communications facilities as

to which, or the place where, authority to intercept is granted;

3. A particular description of the type of communication sought

to be intercepted and a statement of the particular offense to which

it relates;

4. The identity of the agency authorized to intercept the

communications and of the person authorizing the application;

5. The period of time during which such interception is

authorized, including a statement as to whether or not the

interception shall automatically terminate when the described

communication has been first obtained; and

6. An order authorizing the interception of a wire, oral or

electronic communication shall, upon request of the applicant,

direct that a communication common carrier, landlord, custodian or

Oklahoma Statutes - Title 13. Common Carriers Page 21

other person shall furnish the applicant as soon as possible all

information, facilities and technical assistance necessary to

accomplish the interception with a minimum of interference with the

services that such carrier, landlord, custodian or person is

furnishing to the person whose communications are sought to be

intercepted. Any communication common carrier, landlord, custodian

or other person furnishing such facilities or technical assistance

pursuant to the Security of Communications Act shall be compensated

therefor by the applicant at the prevailing rates and shall be

immune from any civil or criminal action or liability for compliance

to an order under this or any other state or local law, rule,

regulation or ordinance by reason of furnishing any such

information, facilities or technical assistance.

E. No order entered pursuant to this section may authorize the

interception of any wire, oral or electronic communication for any

period longer than is necessary to achieve the objective of the

authorization, or in any event, longer than thirty (30) days.

Extensions of an order may be granted, but only upon application for

an extension made in accordance with subsection A of this section

and upon the meeting of the requirements of subsection C of this

section. The period of extension shall be no longer than the judge

of competent jurisdiction deems necessary to achieve the purposes

for which the extension was granted, and in no event for longer than

thirty (30) days. Every order and extension thereof shall contain a

provision that the authorization to intercept shall be executed as

soon as practicable, shall be conducted in such a way as to minimize

the interception of communications not otherwise subject to

interception under the Security of Communications Act and must

terminate upon attainment of the authorized objective or within the

time authorized as provided by this section.

F. Whenever an order authorizing interception is entered

pursuant to the Security of Communications Act, the order may

require reports to be made to the Attorney General and the judge of

competent jurisdiction who issued the order showing what progress

has been made toward achievement of the authorized objective and the

need for continued interception. The reports shall be made at such

intervals as the judge of competent jurisdiction may require.

G. Any other provision of this act notwithstanding, a judge of

competent jurisdiction or a judge of the district court may grant

emergency oral authorization to a law enforcement officer to
ogress

has been made toward achievement of the authorized objective and the

need for continued interception. The reports shall be made at such

intervals as the judge of competent jurisdiction may require.

G. Any other provision of this act notwithstanding, a judge of

competent jurisdiction or a judge of the district court may grant

emergency oral authorization to a law enforcement officer to

intercept wire, oral or electronic communications for a period not

to exceed twenty-four (24) hours under the following circumstances:

1. When any emergency situation exists which poses the risk of

death or bodily injury to any person, and there are reasonable

grounds to believe that such interception would avert such death or

bodily injury; or

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2. When a law enforcement officer is investigating any offense

of murder or conspiracy to commit murder, and there are reasonable

grounds to believe that such interception may prevent the

destruction of key evidence or the flight or escape of a suspect or

material witness.

Application of such emergency authorization shall be made orally

by the Attorney General, a district attorney in whose territorial

jurisdiction the interception is to occur, or any such Assistant

Attorney General or assistant district attorney as they may

designate in writing. The oral application shall be made to a judge

of competent jurisdiction or a judge of the district court, and

either the prosecuting attorney making application or a law

enforcement officer shall orally provide the relevant probable cause

and emergency circumstances to the judge of competent jurisdiction

or a judge of the district court, all of which shall be

electronically recorded. Any such emergency interception shall

terminate upon attainment of the authorized objective or at the end

of twenty-four (24) hours, whichever comes first. If the assistance

of a communication common carrier is needed to implement the

interception, the person obtaining the emergency authorization shall

certify in writing to the communication common carrier that

emergency oral authorization has been obtained and no warrant or

order is required. The communication common carrier shall provide

the same facilities, information, and assistance as required under

subsection D of this section, and shall enjoy the same immunity from

civil and criminal penalties as is provided for therein.

Following such oral authorization, the district attorney or

assistant district attorney shall apply through the Attorney General

for an order pursuant to Section 176.7 of this title. The

application shall be made as soon as is practicable, and in no event

later than forty-eight (48) hours after termination of the

interception pursuant to the oral authorization. The written

application shall include an intelligible copy of the electronic

recording of the conversation in which the oral authorization was

granted. If the district attorney or the assistant district

attorney fails to make such written application within forty-eight

(48) hours after termination of the interception, or if written

authorization to intercept communications is denied, no information

obtained pursuant to the emergency interception shall be admitted in

any court or other proceeding.