(a)

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Terms Used In Alabama Code 20-2B-4

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) An investigative officer may submit a written request to the secretary requesting the secretary apply for an intercept order. If the secretary approves the request, the secretary may submit a written request to the Attorney General requesting the Attorney General apply for an intercept order to a judge of competent jurisdiction. The written request shall be on a form approved by the Attorney General and shall include an affidavit.
(2) The affidavit shall include all of the following:

a. The identity of the investigating officer making the application.
b. A statement of the facts and circumstances relied upon by the applicant to justify the belief that an order should be issued, including all of the following:

1. Details of the specific offense that has been committed, is being committed, or will be committed.
2. A particular description of the nature and location of the communications facilities from which, or the place where, the communication is to be intercepted.
3. A particular description of the type of communication sought to be intercepted.
4. The identity of the individual, if known, whose communications are to be intercepted.
c. A statement that other investigative procedures have been attempted and failed, reasonably appear to be unlikely to succeed if attempted, or are too dangerous to be attempted.
d. A statement of the period of time the intercept is required to be maintained, including a statement of whether the intercept will automatically terminate when the described communication is first obtained. If the authorization for the intercept does not automatically terminate when the described type of communication is obtained, facts that establish probable cause to believe additional communications of the same type will occur.
e. A statement of the facts concerning all previous applications known to the applicant, made to any judge for approval of an intercept involving the same individual, facilities, or places specified in the application and the action taken by the judge, if known.
f. If the application is for the extension of an order, a statement explaining the results obtained from the intercept or a reasonable explanation of the failure to obtain required results.
(b)

(1) The Attorney General shall review the request and decide whether it is appropriate to submit an application to a judge of competent jurisdiction for an intercept order.
(2) If the Attorney General decides to submit an application, he or she shall notify the secretary or the investigative officer.
(3) If the Attorney General declines to submit an application, he or she shall send the secretary or the investigative officer a notice of declination within 10 days.
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