South Carolina Code 17-30-95. Interception prior to obtaining order; oral notification of judge in emergency
(1) an emergency exists that involves an offense provided for in § 17-30-70 and an immediate danger of death or serious physical injury to any person or the danger of escape of a prisoner and requires that a wire, oral, or electronic communication be intercepted before an order authorizing the interception can, with due diligence, be obtained; and
Terms Used In South Carolina Code 17-30-95
- Contents: when used with respect to any wire, oral, or electronic communication, include any information concerning the substance, purport, or meaning of that communication. See South Carolina Code 17-30-15
- 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, photooptical system, or any other device that affects intrastate, interstate, or foreign commerce, but does not include:
(a) any wire or oral communication;
(b) any communication made through a tone-only paging device;
(c) any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or
(d) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See South Carolina Code 17-30-15 - Intercept: means the 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 South Carolina Code 17-30-15
- 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.
- Person: means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, and any individual, partnership, association, joint stock company, trust, or corporation. See South Carolina Code 17-30-15
(2) there are grounds upon which an order could be entered under this chapter to authorize the interception.
(B) In the absence of an order, the interception must immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. If the application for approval is denied, or in any other case in which the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted must be treated as having been obtained in violation of § 17-30-20, and an inventory must be served as provided for in § 17-30-100(E) on the person named in the application.
(C) Agents of the South Carolina Law Enforcement Division designated to intercept wire, oral, or electronic communications pursuant to this section must have completed training provided by SLED pursuant to § 17-30-145.
(D) A judge of competent jurisdiction must be notified orally of the intent to begin the interception of any wire, oral, or electronic communication when an emergency exists pursuant to the provisions of this section before any interception is conducted. The judge must make a written record of this notification.