New Hampshire Revised Statutes 570-A:8 – Authorization for Disclosure and Use of Intercepted Telecommunications or Oral Communications
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I. Any law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any telecommunication or oral communication, or evidence derived therefrom, may disclose such contents to another law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
II. Any law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any telecommunication or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of the officer’s official duties.
III. Any person who has received, by any means authorized by this chapter, any information concerning a telecommunication or oral communication or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any state or in any federal or state grand jury proceeding.
IV. No otherwise privileged telecommunication or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
V. When a law enforcement officer, while engaged in intercepting telecommunications or oral communications in the manner authorized herein, intercepts telecommunications or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in paragraphs I and II. Such contents and any evidence derived therefrom may be used under paragraph III, when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.
II. Any law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any telecommunication or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of the officer’s official duties.
Terms Used In New Hampshire Revised Statutes 570-A:8
- Contents: when used with respect to any telecommunication or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. See New Hampshire Revised Statutes 570-A:1
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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.
- Oral communication: means any verbal communication uttered by a person who has a reasonable expectation that the communication is not subject to interception, under circumstances justifying such expectation. See New Hampshire Revised Statutes 570-A:1
- Person: means any employee or agent of the state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See New Hampshire Revised Statutes 570-A:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Telecommunication: means the transfer of any form of information in whole or in part through the facilities of a communications common carrier. See New Hampshire Revised Statutes 570-A:1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Any person who has received, by any means authorized by this chapter, any information concerning a telecommunication or oral communication or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any state or in any federal or state grand jury proceeding.
IV. No otherwise privileged telecommunication or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
V. When a law enforcement officer, while engaged in intercepting telecommunications or oral communications in the manner authorized herein, intercepts telecommunications or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in paragraphs I and II. Such contents and any evidence derived therefrom may be used under paragraph III, when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.