Oklahoma § 13-176.13 - Suppression of intercepted communication or evidence

§ 13-176.13. Suppression of intercepted communication or evidence

derived therefrom.

Oklahoma Statutes - Title 13. Common Carriers

A. Any aggrieved person in any trial, hearing or proceeding in

or before any court, department, officer, agency, regulatory body or

other authority may move to suppress the contents of any intercepted

wire, oral or electronic communication, or evidence derived

therefrom, on the grounds that:

1. The communication was unlawfully intercepted;

2. The order of authorization under which it was intercepted is

insufficient on its face; or

3. The interception was not made in conformity with the order

of authorization.

B. Said motion shall be made before the trial, hearing or

proceeding unless there was no opportunity to make the motion or the

aggrieved person was not aware of the grounds of the motion. If the

motion is granted, the contents of the intercepted wire, oral or

electronic communication, or evidence derived therefrom, shall be

treated as having been obtained in violation of the Security of

Communications Act. The judge, upon the filing of the motion by the

aggrieved person, may make available to the aggrieved person or his

counsel for inspection such portions of the intercepted

communication or evidence derived therefrom as the judge determines

to be in the interests of justice.

Added by Laws 1982, c. 343, § 13. Amended by Laws 1989, c. 216, §

10, eff. Nov. 1, 1989.