(a) A peace officer may intercept an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, if

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Terms Used In Alaska Statutes 12.37.400

  • Arrest: Taking physical custody of a person by lawful authority.
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Testify: Answer questions in court.
(1) the interception and monitoring occurs

(A) during the investigation of a crime or the arrest of a person for a crime; and
(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(2) the peace officer intercepting the conversation is a party to the oral communication and has consented to the interception; and
(3) the communication intercepted is not recorded.
(b) A peace officer monitoring a receiving unit under (a) of this section, or any other person intercepting an oral communication transmitted under (a) of this section, is not competent to testify in a criminal proceeding involving a party to the oral communication about the contents of the oral communication that was intercepted or the fact that the communication occurred.
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