§ 23-546. Applications for authorization or approval of interception of wire or oral communications.
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Current through October 23, 2012
(a) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order authorizing the interception of wire or oral communications.
(b) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order of approval of the previous interception of any wire or oral communication, when the contents of such communication --
(1) relate to an offense other than that specified in an order of authorization;
(2) were intercepted in an emergency situation; or
(3) were intercepted in an emergency situation and relate to an offense other than that contemplated at the time the interception was made.
(c) An application for an order of authorization (as provided in subsection (a) of this section) or of approval (as provided in paragraph (2) of subsection (b) of this section) may be authorized only when the interception of wire or oral communications may provide or has provided evidence of the commission of or a conspiracy to commit any of the following offenses:
(1) Any of the offenses specified in the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, and listed in the following table:
Offense: Specified in--
Arson .................................. sections 820, 821 (D.C. Official Code,
Burglary ............................... section 823 (D.C. Official Code, sec.
22-801).
Destruction of property of value in
excess of $1000 ...................... section 848 (D.C. Official Code, sec.
22-303).
Gambling ............................... sections 863, 866, 869e (D.C. Official
22-1713).
Kidnapping ............................. section 812 (D.C. Official Code, sec.
22-2001).
Murder ................................. sections 798, 800 (D.C. Official Code,
Robbery ................................ section 810 (D.C. Official Code, sec.
22-2801).
(2) Bribery as specified in the Act of February 26, 1936 (D.C. Official Code, sec. 22-704).
(4) Offenses involving the manufacture, distribution, or possession with intent to manufacture or distribute controlled substances as specified in sections 401 through 403 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Official Code, secs. 48-904.01 through 48-904.03).
(5) Any of the offenses specified in the District of Columbia Theft and White Collar Crimes Act of 1982, and listed in the following table:
Offense: Specified in--
Extortion .............................. section 151 [D.C. Official Code, §
22-3251].
Blackmail .............................. section 152 [D.C. Official Code, §
22-3252].
Bribery ................................ section 302 [D.C. Official Code, §
22-712].
Obstruction of Justice ................. section 502 [D.C. Official Code, §
22-722].
Receiving stolen property of value in
excess of $1000 ...................... section 132 [D.C. Official Code, §
22-3232].
Theft of property of value in excess of
$1000 ................................ section 111 [D.C. Official Code, §
22-3211].
Trafficking in stolen property ......... section 131 [D.C. Official Code, §
22-3231].
(July 29, 1970, 84 Stat. 620, Pub. L. 91-358, title II, § 210(a); Dec. 1, 1982, D.C. Law 4-164, § 601(f), 29 DCR 3976; Apr. 30, 1988, D.C. Law 7- 104, § 7(c), 35 DCR 147; June 3, 2011, D.C. Law 18-377, § 14, 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 23-546.
1973 Ed., § 23-546.
Effect of Amendments
D.C. Law 18-377, in subsec. (c)(1), substituted "value in excess of $1000" for "value in excess of $200"; and, in subsec. (c)(5), substituted "value in excess of $1000" for "value in excess of $250".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 514 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 514 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For legislative history of D.C. Law 4-164, see Historical and Statutory Notes following § 22-3201.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 23-544.
Law 18-377, the "Criminal Code Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-963, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 2, 2011, it was assigned Act No. 18-722 and transmitted to both Houses of Congress for its review. D.C. Law 18-377 became effective on June 3, 2011.
References in Text
"Section 1501 of the Omnibus Crime Control and Safe Streets Act of 1968," referred to in paragraph (3) of subsection (c) of this section, was codified as § 22-2306 [1981 Ed.]. Section 22-2306 [1981 Ed.] was repealed by § 602(mm) of D.C. Law 4-164.
"(Section) 22-1810," referred to at the end of paragraph (3) of subsection (c) of this section, derived from § 1502 of the Omnibus Crime Control and Safe Streets Act of 1968.
The "District of Columbia Theft and White Collar Crimes Act of 1982," referred to in paragraph (5) of subsection (c) of this section, is D.C. Law 4-164.
Bracketed translations of the references to the District of Columbia Theft and White Collar Crimes Act of 1982 have been inserted in paragraph (5) of subsection (c) of this section for the convenience of the user.
Editor's Notes
Section 7(c) of D.C. Law 7-104 purported to substitute "33-502" for "33-402," "33-516" for "33-416," and "33-602" for "33-702" [1981 Ed.] in subsection (c)(4), apparently without regard to the amendment of this section by D.C. Law 4-164.
