Order for electronic surveillance – Application – Required findings – Expiration of order – Recordings – Evidence – Motions to suppress

(a) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction in the district where the interception of a wire, oral or electronic communication is to occur, or in any district where jurisdiction exists to prosecute the underlying offense to support an intercept order under § 40-6-305. The application shall state the investigative or law enforcement officer‘s authority to make the application and shall include the following information: Ask a legal question, get an answer ASAP!(A) Any wire or oral communication. See Tennessee Code 40-6-303Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Tennessee Code 40-6-303Investigative or law enforcement officer: means : (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census:(i) Any officer of the state or a political subdivision of the state, who: (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in §. See Tennessee Code 40-6-303Judge of competent jurisdiction: means a judge presiding over any court of record as defined in this part and §. See Tennessee Code 40-6-303Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Probable cause: A reasonable ground for belief that the offender violated a specific law.Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Testimony: Evidence presented orally by witnesses during trials or before grand juries.Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) Identity of the investigative or law enforcement officer making the application, and the district attorney general authorizing the application; (2) A full and complete statement of the facts and circumstances relied upon by the applicant to justify the applicant’s belief that an order should be issued, including: (A) Details as to the particular offense that has been, is being, or is about to be committed; (B) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (C) A particular description of the type of communications sought to be intercepted; and (D) The identity of all persons, if known, committing the offense and whose communications are to be or may be intercepted; (3) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (4) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (5) A full and complete statement of the facts concerning all previous applications known to the individuals authorizing and making the application, made to any judge for authorization to intercept wire, oral or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each application; and (6) 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 results. (b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (c) Upon an application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral or electronic communications within the district in which the judge is sitting, and outside that district but within this state in the case of a mobile interception device, if th