Delaware Code Title 11 Sec. 2405 – Authorities permitted to apply for order authorizing interception
The Attorney General, Chief Deputy Attorney General, State Prosecutor or Chief Prosecutor of any county may apply to a judge authorized to receive intercept applications and the judge, in accordance with § 2407 of this title, may grant an order authorizing the interception by investigative or law-enforcement officers of wire, oral or electronic communications when the interception may provide evidence:
(1) Of the commission of the offense of racketeering, murder, kidnapping, human trafficking, gambling, robbery, bribery, extortion, dealing in narcotic drugs or dangerous drugs, dealing in central nervous system depressant or stimulant drugs, dealing in controlled substances or counterfeit controlled substances, prison escape, jury tampering, or stalking;
(2) Of the commission of any felony creating a risk of physical injury to a person;
(3) Of any conspiracy or solicitation to commit any of the offenses set forth in paragraph (1) or (2) of this section; or
(4) Aiding in the apprehension of the perpetrator of any of the offenses set forth in this section.
Terms Used In Delaware Code Title 11 Sec. 2405
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intercept: means the aural or other acquisition of the contents of any wire, oral or electronic communication through the use of any electronic, mechanical or other device. See Delaware Code Title 11 Sec. 2401
- Person: means any employee or agent of this State or a political subdivision thereof, or any individual, partnership, association, joint stock company, trust or corporation. See Delaware Code Title 11 Sec. 2401
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
No application or order shall be required if the interception is lawful under the provisions of § 2406(c) of this title.