§ 23A-35A-7 Contents of order.

SD Codified L § 23A-35A-7 (2019) (N/A)

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23A-35A-7. Contents of order. Each order authorizing the interception of any wire, electronic, or oral communication shall specify:

(1) The identity of the person, if known, whose communications are to be intercepted;

(2) The nature and location of the communications facilities as to which, or the place where authority to intercept is granted;

(3) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

(4) The identity of the agency authorized to intercept the communications, and of the person authorizing the application;

(5) The period of time the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and

(6) That the authorization for wiretapping or eavesdropping be executed as soon as practicable; that the wiretapping or eavesdropping be conducted in such a way as to minimize interception of communications not otherwise subject to interception under this section; and that the wiretapping or eavesdropping shall terminate upon attainment of the authorized objective, or on the date specified, whichever comes first.Source: SL 1980, ch 181, § 12; SL 2017, ch 108, § 7.

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§ 23A-35A-6 Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.

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