Page:United States Statutes at Large Volume 82.djvu/261

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[82 STAT. 219]
[82 STAT. 219]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

places specified in the application, and the action taken by the judge on each such application; and "(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. "(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. "(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that— " (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; "(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; "(c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; " (d) there is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used, or are about to be used, in connection wnth the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. "(4) Each order authorizing or approving the interception of any wire or oral communication shall specify— " (a) the identity of the person, if known, whose communications are to be intercepted; " (b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; "(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; " (d) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and "(e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. "(5) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days.

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