Louisiana Revised Statutes 15:1308 – Authorization for interception of wire, electronic, or oral communications
Terms Used In Louisiana Revised Statutes 15:1308
- 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.
- Investigative or law enforcement officer: means any commissioned state police officer of the Department of Public Safety and Corrections who, in the normal course of his law enforcement duties, is investigating an offense enumerated in this Chapter, and the district attorney authorized by law to prosecute or participate in the prosecution of such offense. See Louisiana Revised Statutes 15:1302
- Judge: means the senior judge of a judicial district court of the state, any judge of the Orleans Parish Criminal District Court, or a judge designated by a majority vote of the court in writing in advance to consider applications for warrants or orders under this Chapter. See Louisiana Revised Statutes 15:1302
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
A. The attorney general, or the deputy or any assistant attorney general acting pursuant to the authorization of the attorney general, with the approval of the district attorney or any assistant district attorney acting pursuant to the written authorization of the district attorney in whose district the interception of wire, electronic, or oral communications shall take place, and the district attorney or authorized assistant district attorney, with the approval of the attorney general or authorized deputy or assistant attorney general may authorize an application to a judge in whose district the interception of wire, electronic, or oral communications shall take place, and such judge may grant in conformity with La. Rev. Stat. 15:1310 an order authorizing or approving the interception of wire, electronic, or oral communications by an investigative or law enforcement officer having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of:
(1) Any violation of the Uniform Controlled Dangerous Substance Act by:
(a) Producing, manufacturing, distributing, or dispensing a controlled dangerous substance; or
(b) Possessing with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance; or
(c) Creating, distributing, or possessing a counterfeit controlled dangerous substance; or
(d) Conspiring to commit any of the above enumerated offenses.
(2) The commission, attempted commission, or conspiracy to commit a crime involving any of the following offenses:
(a) First or second degree murder.
(b) Aggravated kidnapping.
(c) Aggravated arson.
(d) Manufacture and possession of delayed action incendiary device or manufacture and possession of a bomb.
(e) Armed robbery.
(f) Jury tampering.
(g) Solicitation for murder.
(h) Arson with intent to defraud.
(i) Extortion.
(j) Felony violations of the Uniform Controlled Dangerous Substances Law.
(k) Intimidating, impeding, injuring witnesses or injuring officers.
(l) Any felony offense where the offense was or is to be committed against a law enforcement officer as a result of his official capacity or actions.
(m) Money laundering as defined in La. Rev. Stat. 14:230.
(n) Transactions involving proceeds from drug offenses as defined in La. Rev. Stat. 40:1049.
(o) Terrorism.
(p) Aiding others in terrorism.
(q) Human trafficking when prosecuted under La. Rev. Stat. 14:46.2(B)(3).
(r) Trafficking of children for sexual purposes as defined by La. Rev. Stat. 14:46.3.
(s) Commercial sexual exploitation of children including La. Rev. Stat. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
B. Failure of the district attorney to obtain approval for the interception of wire, electronic, or oral communications as set forth in this Section shall constitute cause for the attorney general to institute, prosecute, or intervene in a criminal action or proceeding as authorized by law.
Acts 1985, No. 859, §1, eff. July 23, 1985; Acts 1991, No. 121, §1; Acts 1995, No. 1130, §1, eff. June 29, 1995; Acts 2002, 1st Ex. Sess., No. 128, §3; Acts 2012, No. 446, §2; Acts 2012, No. 727, §2; Acts 2014, No. 564, §2.