Oklahoma § 13-176.10 - Recording intercepted communication - Seal - Inventory

§ 13-176.10. Recording intercepted communication - Seal - Inventory

- Inspection - Violation.

A. The contents of any wire, oral or electronic communication

intercepted by any means authorized by the Security of

Oklahoma Statutes - Title 13. Common Carriers

Communications Act shall, if possible, be recorded on tape or wire

or other comparable device. The recording of the contents shall be

securely kept in order to guarantee protection of the recording from

editing or other alterations. Immediately upon the expiration of

the period of the order and any extensions, the recordings shall be

made available to the judge of competent jurisdiction issuing such

order and shall be sealed under his directions. Custody of the

recordings shall be determined by the judge of competent

jurisdiction. Such recordings shall not be destroyed except upon an

order of the issuing judge of competent jurisdiction and shall be

kept for at least ten (10) years. Duplicate recordings may be made

for use or disclosure in the conduct of investigations pursuant to

the provisions of subsections A and B of Section 176.8 of this

title.

B. The presence of the seal provided for by this section, or a

satisfactory explanation for the absence thereof as determined by

the court where presented, shall be a prerequisite for the use or

disclosure of the contents of any wire, oral or electronic

communication or evidence derived therefrom under subsection C of

Section 176.8 of this title.

C. Applications made and orders granted under the Security of

Communications Act shall be sealed by the judge of competent

jurisdiction. Custody of the applications and orders shall be

determined by the judge of competent jurisdiction. Such

applications and orders shall be disclosed only upon a showing of

good cause before a judge of competent jurisdiction and shall not be

destroyed except on order of the issuing or denying judge of

competent jurisdiction and shall be kept for at least ten (10)

years.

D. Within a reasonable time but not later than ninety (90) days

after the termination of the period of an order or extension

thereof, the issuing judge of competent jurisdiction shall cause to

be served, on the persons named in the order or the application, and

such other parties to intercepted communications as the judge of

competent jurisdiction may determine in his discretion are in the

interest of justice, an inventory which shall include notice of:

1. The entry of the order or application;

2. The date of such entry and the period of authorized,

approved interception, or the date of denial of the application; and

3. Whether or not during such period, wire, oral or electronic

communications were or were not intercepted.

E. The judge of competent jurisdiction, upon the filing of a

motion, may make available to the person named in the order or

application or his counsel for inspection such portions of the

intercepted communications, applications and orders as the judge of

competent jurisdiction determines to be in the interest of justice.

On an ex parte showing of good cause to a judge of competent

Oklahoma Statutes - Title 13. Common Carriers

jurisdiction, the serving of the inventory required by this

subsection may be postponed.

F. Any violation of the provisions of this section is

punishable as contempt of the issuing judge of competent

jurisdiction.

Added by Laws 1982, c. 343, § 10. Amended by Laws 1989, c. 216, §

8, eff. Nov. 1, 1989.