(a)  Upon the application as provided in § 12-5.1-2 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, as required or as modified, authorizing the interception of wire, electronic, or oral communications if the presiding justice of the superior court determines on the basis of the facts submitted by the applicant that:

(1)  There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular designated offense;

(2)  There is probable cause for belief that particular communications concerning that offense will be obtained through the interception;

(3)  Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried, or to be too dangerous;

(4)  There is probable cause for belief that the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted, are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the individual.

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Rhode Island General Laws 12-5.1-4

  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Designated offense: means the offenses of:

    (i)  Murder, robbery, kidnapping, extortion, assault with a dangerous weapon, and assault with intent to rob or murder;

    (ii)  Arson in the first degree, arson in the second degree, or arson in the third degree;

    (iii)  Bribery or larceny involving the receipt of stolen property of a value of more than five hundred dollars ($500);

    (iv)  Any violation of chapter 28 of Title 21 where the offense is punishable by imprisonment for more than one year;

    (v)  Any violation of chapters 19, 47, or 51 of title 11, where the offense is punishable by imprisonment for more than one year;

    (vi)  The lending of money at a rate of interest in violation of law;

    (vii)  Being a fugitive from justice for any of the offenses provided in this subdivision;

    (viii)  Any violation of Rhode Island General Laws 12-5.1-1

  • Intercept: means aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Rhode Island General Laws 12-5.1-1
  • Oral communications: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but the term does not include any electronic communication. See Rhode Island General Laws 12-5.1-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Wire communications: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of the connection in a switching station), furnished or operated by any person engaged in providing or operating the facilities for the transmission of communications. See Rhode Island General Laws 12-5.1-1

(b)  If the facilities from which a wire, electronic, or oral communication is to be intercepted are public, no order of authorization shall be issued unless the court, in addition to the matters provided in subsection (a) of this section, determines that there is a special need to intercept wire communications over the facilities.

(c)  If the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted, are being used, or are about to be used, or are leased to, listed in the name of, or commonly used by, a licensed attorney-at-law, or an ordained minister of the gospel, priest, or rabbi of any denomination, or is a place used primarily for habitation by a husband and wife, no order shall be issued unless the presiding justice of the superior court, in addition to the matters provided in subsection (a) of this section, determines that there is a special need to intercept wire, electronic, or oral communications over those facilities or in those places, and that the interceptions will be so conducted as to minimize or eliminate interception of privileged communication between lawyers and clients, clergy and confidants, or husbands and wives.

History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1980, ch. 100, § 1; P.L. 1999, ch. 167, § 2.