Ohio § 2933.57

§ 2933.57.

(A) A judge of the court of common pleas may grant an oral order for an interception

without a warrant of a wire, oral, or electronic communication.  Upon receipt of an application under this division, the judge of the court of common

pleas to whom the application is made may grant an oral order for an interception

without a warrant, may include in the order a statement of the type described in division (A)(13) of section 2933.56 of the Revised Code , and shall condition the order upon the filing with the judge, within forty-eight

hours, of an application for an interception warrant under section 2933.53 of the Revised Code and division (B) of this section, if the judge determines all of the following: (1) There appear to be grounds upon which an interception warrant could be issued under section 2933.54 of the Revised Code . (2) There is probable cause to believe that an emergency situation exists with respect

to the investigation of a designated offense. (3) There is probable cause to believe that the emergency situation involves an immediate

danger of death or serious physical harm that justifies the authorization for immediate

interception of a private wire, oral, or electronic communication before an application

for an interception warrant could, with due diligence, be submitted to the judge and

acted upon. (B) No statement by the attorney general or the attorney general's designee pursuant

to division (B)(9) of section 2933.53 is required prior to consideration of an application pursuant to this section. (C) The judge of a court of common pleas to whom an application is made under division

(A) of this section, the applicant, the prosecuting attorney or assistant prosecuting

attorney who authorized the application, and any involved provider of wire or electronic

communication service may tape record any telephone or other communications between

any of them related to the application for, the approval of, and the implementation

of an oral order for an interception.  All of the provisions of sections 2933.51 to 2933.66 of the Revised Code concerning the sealing, distribution, use, and disclosure of an application for an

interception warrant apply to any tape recording between the judge, the applicant,

and the prosecuting attorney or the designated assistant concerning the application

for and an oral order for an interception. (D)(1) As soon as possible after granting an oral order for an interception without a warrant,

a judge shall place upon the journal of the court an entry nunc pro tunc to record

the granting of the oral order.  If an interception warrant is issued pursuant to the filing of an application following

the granting of an oral order for an interception under this section, the judge shall

issue the warrant in accordance with section 2933.54 of the Revised Code , and the warrant shall recite the granting of the oral order and shall be retroactive

to the time of the oral order. (2) Interception pursuant to an oral order under this section shall be made in accordance

with section 2933.59 of the Revised Code , except that the interception shall terminate immediately when the communication

sought is obtained or when the application for a warrant is denied, whichever is earlier. (3) If no application for a warrant is made in accordance with this section within forty-eight

hours following a grant of an oral order or if an application for a warrant is made

in accordance with this section following the grant of an oral order but the application

is denied, the content of any private wire, oral, or electronic communication intercepted

under the oral order shall be treated as having been obtained in violation of this

chapter, and an inventory shall be served in accordance with section 2933.61 of the Revised Code upon the person named in the application.  However, a provider of wire or electronic communication service that relies in good

faith on the oral order in accordance with division (B) of section 2933.65 of the Revised Code is immune from civil or criminal liability in accordance with that section. (4) If no application for a warrant is made within forty-eight hours following a grant

of an oral order under this section or if an application for a warrant is made but

is denied, the judge of a court of common pleas who granted an oral order for the

interception shall prepare a journal entry reciting the grant of the oral order that

includes as much of the information required to be included in an interception warrant

that is practical to include.  All of the provisions of sections 2933.51 to 2933.63 of the Revised Code concerning the sealing, distribution, use, and disclosure of an interception warrant

apply to the journal entry required by this division.  The judge who granted the oral order also shall order the person who received the

oral order under this section to prepare an inventory of the recordings and resumes

compiled under the oral order and shall require the tape or other recording of the

intercepted communication to be delivered to, and sealed by, the judge in accordance

with division (B) of section 2933.59 of the Revised Code .  The court served by that judge shall retain the evidence, and no person shall use

or disclose the evidence in a legal proceeding, other than a civil action brought

by an aggrieved person or as otherwise authorized by the order of a judge of the court

of common pleas of the county in which the interception took place.  In addition to other remedies or penalties provided by law, a failure to deliver

a tape or other recording to the judge in accordance with this division shall be punishable

as contempt by the judge directing the delivery.