Ohio § 2933.59

§ 2933.59.

(A) An investigative officer who is, or a member of the law enforcement agency that is,

authorized by an interception warrant or a grant of an oral order for an interception

pursuant to section 2933.57 of the Revised Code to intercept wire, oral, or electronic communications or an individual who is operating

under a contract with that agency and is acting under the supervision of that officer

or a member of that agency shall execute the interception warrant or the oral order

in accordance with the terms of the warrant or oral order.  The officer or member of the law enforcement agency who executes the warrant or

oral order or who supervises the execution of the warrant or oral order shall have

received training that satisfies the minimum standards established by the attorney

general and the Ohio peace officer training commission under section 2933.64 of the Revised Code .  The contents of a wire, oral, or electronic communication intercepted pursuant to

an interception warrant or pursuant to a grant of an oral order for an interception,

if possible, shall be recorded on tape or another similar device.  If it is not possible to record the intercepted communication, a detailed resume

of that communication immediately shall be reduced to writing.  The recording or transcribing of the contents of any wire, oral, or electronic communication

pursuant to sections 2933.51 to 2933.66 of the Revised Code shall be done in a way that will protect the recording or transcription from editing

or any other alteration. (B) Immediately upon the expiration of the period of time for which an interception warrant

was authorized, or any extensions of that time period, all wire, oral, or electronic

communications interceptions shall cease, and any interception device installed pursuant

to the interception warrant shall be removed or permanently inactivated as soon as

is reasonably practicable.  Entry to remove or inactivate an interception device is authorized by the granting

of an interception warrant. Immediately upon the expiration of that period of time or the extension, the recordings

or resumes of intercepted communications shall be made available to the issuing judge

and shall be sealed under the judge's direction.  The issuing judge shall specify who shall have custody of the sealed recordings

and resumes.  The recordings and resumes shall be kept for at least ten years.  At the expiration of the ten-year period, the recordings and resumes may be destroyed

upon the order of a judge of the court of common pleas of the county in which the

interception took place.  Duplicate recordings or resumes may be made for use or disclosure pursuant to divisions

(F) and (G) of this section. (C) No person, with intent to present the altered recording or resume in any judicial

proceeding or proceeding under oath or affirmation, shall purposely edit, alter, or

tamper with any recording or resume of any intercepted wire, oral, or electronic communications,

shall attempt to edit, alter, or tamper with any recording or resume of any intercepted

wire, oral, or electronic communications, or shall present or permit the presentation

of any altered recording or resume in any judicial proceeding or proceeding under

oath or affirmation, without fully indicating the nature of the changes made in the

original state of the recording or resume. (D)(1) Any interception warrant, the existence of lawfully installed interception devices,

the application, affidavits, and return prepared in connection with the warrant, and

any information concerning the application for, the granting of, or the denial of

an interception warrant shall remain secret until they have been disclosed in a criminal

trial or in a proceeding that is open to the public or until they have been furnished

to the defendant or unless otherwise provided in sections 2933.51 to 2933.66 of the Revised Code . (2) Any person who violates division (D)(1) of this section may be punished for contempt

of court. (E) When an order for destruction of any documents dealing with an interception warrant

is issued, the person directed in the order to destroy the applications, affidavits,

interception warrants, any amendments or extensions of the warrants, or recordings

or resumes made pursuant to the warrants shall do so in the presence of at least one

witness who is not connected with a law enforcement agency.  The person who destroys the documents and each witness shall execute affidavits

setting forth the facts and circumstances of the destruction.  The affidavits shall be filed with and approved by the court having custody of the

original materials. (F) An investigative officer who has obtained knowledge of the contents, or of evidence

derived from the contents, of a wire, oral, or electronic communication pursuant to sections 2933.51 to 2933.66 of the Revised Code may disclose the contents or evidence to another investigative officer to the extent

that the disclosure is appropriate to the proper performance of the official duties

of the officer making or receiving the disclosure and may use the contents or evidence

to the extent appropriate to the proper performance of official duties. (G) A person who has received, pursuant to sections 2933.51 to 2933.66 of the Revised Code , information concerning, or evidence derived from, a wire, oral, or electronic communication

intercepted pursuant to an interception warrant may disclose the contents of that

communication, or the evidence derived from the contents, while giving testimony under

oath or affirmation in a proceeding held under the authority of the United States,

this state, another state, or a political subdivision of this state or another state,

except that the presence of the seal provided for in division (B) of section 2933.56 of the Revised Code and in division (B) of this section, or a satisfactory explanation of the absence

of the seal, shall be a prerequisite for the use or disclosure of the contents of

any wire, oral, or electronic communication or evidence derived from the contents.  The contents, or evidence derived from the contents, of a wire, oral, or electronic

communication intercepted pursuant to an interception warrant and in accordance with sections 2933.51 to 2933.66 of the Revised Code otherwise may be disclosed only upon a showing of good cause before a judge authorized

to issue interception warrants. (H) Whoever violates division (C) of this section is guilty of a felony of the third

degree.