Nevada § 179.470 - Application for order authorizing interception of communications; prerequisites to issuance of order

§ 179.470. Application for order authorizing interception of communications; prerequisites to issuance of order

1. Each application for an order authorizing the interception of a wire, electronic

or oral communication must be made in writing upon oath or affirmation to a justice

of the Supreme Court or district judge and must state the applicant's authority to

make such application. Each application must include the following information: (a) The identity of the investigative or law enforcement officer making the application,

and the officer authorizing the application. (b) A full and complete statement of the facts and circumstances relied upon by the

applicant to justify the applicant's belief that an order should be issued, including: (1) Details as to the particular offense that is being, has been or is about to be

committed. (2) A particular description of the nature and location of the facilities from which

or the place where the communication is to be intercepted, the facilities to be used

and the means by which such interception is to be made. (3) A particular description of the type of communications sought to be intercepted. (4) The identity of the person, if known, who is committing, has committed or is about

to commit an offense and whose communications are to be intercepted. (c) A full and complete statement as to whether or not other investigative procedures

have been tried and failed or why they reasonably appear to be unlikely to succeed

if tried or to be too dangerous. (d) A statement of the period of time for which the interception is required to be

maintained. If the nature of the investigation is such that the authorization for interception

should not automatically terminate when the described type of communication has been

obtained, a particular description of facts establishing probable cause to believe

that additional communications of the same type will occur thereafter. (e) A full and complete statement of the facts concerning all previous applications

known to the person authorizing and making the application made to any judge for authorization

to intercept wire, electronic or oral communications involving any of the same persons,

facilities or places specified in the application, and the action taken by the judge

on each such application. (f) Where the application is for the extension of an order, a statement setting forth

the results thus far obtained from the interception, or a reasonable explanation of

the failure to obtain such results. 2. The judge may require the applicant to furnish additional testimony or documentary

evidence under oath or affirmation in support of the application. Oral testimony must be reduced to writing. 3. Upon such application the judge may enter an ex parte order, as requested or as

modified, authorizing interception of wire, electronic or oral communications within

the territorial jurisdiction of the court in which the judge is sitting, if the judge

determines on the basis of the facts submitted by the applicant that: (a) There is probable cause for belief that a person is committing, has committed

or is about to commit an offense for which interception is authorized by NRS 179.460 . (b) There is probable cause for belief that particular communications concerning that

offense will be obtained through such interception. (c) Normal investigative procedures have been tried and have failed or reasonably

appear to be unlikely to succeed if tried or appear to be too dangerous. (d) 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 by such person in connection with the commission of such

offense or are leased to, listed in the name of, or commonly used by such person. 4. The judge may accept a facsimile or electronic copy of the signature of any person

required to give an oath or affirmation as part of an application submitted pursuant

to this section as an original signature to the application.