Terms Used In Rhode Island General Laws > Chapter 12-5.1 - Interception of Wire and Oral Communications

• Aggrieved person: means an individual who was a party to any intercepted wire, electronic, or oral communication or against whom the interception was directed. See Rhode Island General Laws 12-5.1-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Contents: when used with respect to any wire, electronic, or oral communication, includes any information concerning the identity of the parties to that communication or the existence, substance, purport, or meaning of that communication. See Rhode Island General Laws 12-5.1-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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

• Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system, but does not include:

  (i)  Any wire or oral communication;

  (ii)  Any communication made through a tone-only paging device; or

  (iii)  Any communication from a tracking device. See Rhode Island General Laws 12-5.1-1

• Electronic communication service: means any service which provides to users the ability to send or receive wire or electronic communications. See Rhode Island General Laws 12-5.1-1
• 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,
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• 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
• Investigative or law enforcement officer: means any officer of the United States, this state, or a political subdivision of this state, who is empowered by law to conduct investigations of, or to make arrests for, the designated offenses, the attorney general, and his or her assistants. See Rhode Island General Laws 12-5.1-1
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, partnership, association, joint stock company, trust, or corporation, whether or not any of the foregoing is an officer, agent, or employee of the United States, a state, or a political subdivision of a state. See Rhode Island General Laws 12-5.1-1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• User: means any person or entity who:

  (i)  Uses an electronic communication service; and

  (ii)  Is duly authorized by the provider of the service to engage in that use; photooptical or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communications. See Rhode Island General Laws 12-5.1-1

• 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