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‘‘§ 3119C. Procedure for interception of wire, oral, or 
electronic communications 
‘‘(a) APPLICATION.—Each application for an order 
authorizing or approving the interception of a wire, oral, 
or electronic communication under this chapter shall be 
made in writing upon oath or affirmation to a judge of 
competent jurisdiction and shall state the applicant’s au-
thority to make such application. Each application shall 
include the following information: 
‘‘(1) The identity of the investigative or law en-
forcement officer making the application, and the of-
ficer authorizing the application. 
‘‘(2) A full and complete statement of the facts 
and circumstances relied upon by the applicant, to 
justify his belief that an order should be issued, in-
cluding (A) details as to the particular offense that 
has been, is being, or is about to be committed, (B) 
except as provided in subsection (k), a particular de-
scription 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, 
(D) the identity of the person, if known, committing 
the offense and whose communications are to be 
intercepted. 
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‘‘(3) A full and complete statement as to wheth-
er 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 automati-
cally terminate when the described type of commu-
nication has been first obtained, a particular de-
scription of facts establishing probable cause to be-
lieve 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 in-
dividual authorizing and making the application, 
made to any judge for authorization to intercept, or 
for approval of interceptions of, wire, oral, or elec-
tronic communications involving any of the same 
persons, facilities or places specified in the applica-
tion, and the action taken by the judge on each such 
application. 
‘‘(6) Where the application is for the extension 
of an order, a statement setting forth the results 
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thus far obtained from the interception, or a reason-
able explanation of the failure to obtain such results. 
‘‘(b) ADDITIONAL TESTIMONY
OR DOCUMENTARY 
EVIDENCE.—The judge may require the applicant to fur-
nish additional testimony or documentary evidence in sup-
port of the application. 
‘‘(c) EX PARTE ORDER.—Upon such application the 
judge may enter an ex parte order, as requested or as 
modified, authorizing or approving interception of wire, 
oral, or electronic communications within the territorial 
jurisdiction of the court in which the judge is sitting (and 
outside that jurisdiction but within the United States in 
the case of a mobile interception device authorized by a 
Federal court within such jurisdiction), if the judge deter-
mines on the basis of the facts submitted by the applicant 
that— 
‘‘(1) there is probable cause for belief that an 
individual is committing, has committed, or is about 
to commit a particular offense enumerated in section 
3119A; 
‘‘(2) there is probable cause for belief that par-
ticular communications concerning that offense will 
be obtained through such interception; 
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‘‘(3) normal investigative procedures have been 
tried and have failed or reasonably appear to be un-
likely to succeed if tried or to be too dangerous; and 
‘‘(4) except as provided in subsection (k), there 
is probable cause for belief that the facilities from 
which, or the place where, the wire, oral, or elec-
tronic communications are to be intercepted are 
being used, or are about to be used, in connection 
with the commission of such offense, or are leased 
to, listed in the name of, or commonly used by such 
person. 
‘‘(d) CONTENTS OF ORDER.—Each order authorizing 
or approving the interception of any wire, oral, or elec-
tronic communication under this chapter shall specify— 
‘‘(1) the identity of the person, if known, whose 
communications are to be intercepted; 
‘‘(2) the nature and location of the communica-
tions facilities as to which, or the place where, au-
thority to intercept is granted; 
‘‘(3) a particular description of the type of com-
munication sought to be intercepted, and a state-
ment of the particular offense to which it relates; 
‘‘(4) the identity of the agency authorized to 
intercept the communications, and of the person au-
thorizing the application; and 
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‘‘(5) the period of time during which such inter-
ception is authorized, including a statement as to 
whether or not the interception shall automatically 
terminate when the described communication has 
been first obtained. 
An order authorizing the interception of a wire, oral, or 
electronic communication under this chapter shall, upon 
request of the applicant, direct that a provider of wire or 
electronic communication service, landlord, custodian or 
other person shall furnish the applicant forthwith all infor-
mation, facilities, and technical assistance necessary to ac-
complish the interception unobtrusively and with a min-
imum of interference with the services that such service 
provider, landlord, custodian, or person is according the 
person whose communications are to be intercepted. Any 
provider of wire or electronic communication service, land-
lord, custodian or other person furnishing such facilities 
or technical assistance shall be compensated therefor by 
the applicant for reasonable expenses incurred in pro-
viding such facilities or assistance. Pursuant to section 
3119G, an order may also be issued to enforce the assist-
ance capability and capacity requirements under the Com-
munications Assistance for Law Enforcement Act. 
‘‘(e) LIMITATIONS ON ORDERS.—No order entered 
under this section may authorize or approve the intercep-
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tion of any wire, oral, or electronic communication for any 
period longer than is necessary to achieve the objective 
of the authorization, nor in any event longer than thirty 
days. Such thirty-day period begins on the earlier of the 
day on which the investigative or law enforcement officer 
first begins to conduct an interception under the order or 
ten days after the order is entered. Extensions of an order 
may be granted, but only upon application for an exten-
sion made in accordance with subsection (a) of this section 
and the court making the findings required by subsection 
(c) 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 exten-
sion thereof shall contain a provision that the authoriza-
tion to intercept shall be executed as soon as practicable, 
shall be conducted in such a way as to minimize the inter-
ception of communications not otherwise subject to inter-
ception under this chapter, and must terminate upon at-
tainment of the authorized objective, or in any event in 
thirty days. In the event the intercepted communication 
is in a code or foreign language, and an expert in that 
foreign language or code is not reasonably available during 
the interception period, minimization may be accomplished 
as soon as practicable after such interception. An intercep-
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tion under this chapter may be conducted in whole or in 
part by Government personnel, or by an individual oper-
ating under a contract with the Government, acting under 
the supervision of an investigative or law enforcement offi-
cer authorized to conduct the interception. 
‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an 
order authorizing interception is entered pursuant to this 
chapter, the order may require reports to be made to the 
judge who issued the order showing what progress has 
been made toward achievement of the authorized objective 
and the need for continued interception. Such reports shall 
be made at such intervals as the judge may require. 
‘‘(g) EMERGENCY
SITUATIONS.—Notwithstanding 
any other provision of this chapter, any investigative or 
law enforcement officer, specially designated by the Attor-
ney General, the Deputy Attorney General, the Associate 
Attorney General, or by the principal prosecuting attorney 
of any State or subdivision thereof acting pursuant to a 
statute of that State, who reasonably determines that— 
‘‘(1) an emergency situation exists that in-
volves— 
‘‘(A) immediate danger of death or serious 
physical injury to any person, 
‘‘(B) conspiratorial activities threatening 
the national security interest, or 
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‘‘(C) conspiratorial activities characteristic 
of organized crime, 
that requires a wire, oral, or electronic communica-
tion to be intercepted before an order authorizing 
such interception can, with due diligence, be ob-
tained, and 
‘‘(2) there are grounds upon which an order 
could be entered under this chapter to authorize 
such interception, 
may intercept such wire, oral, or electronic communication 
if an application for an order approving the interception 
is made in accordance with this section within forty-eight 
hours after the interception has occurred, or begins to 
occur. In the absence of an order, such interception shall 
immediately terminate when the communication sought is 
obtained or when the application for the order is denied, 
whichever is earlier. In the event such application for ap-
proval is denied, or in any other case where the intercep-
tion is terminated without an order having been issued, 
the contents of any wire, oral, or electronic communication 
intercepted shall be treated as having been obtained in vio-
lation of this chapter, and an inventory shall be served 
as provided for in subsection (d) of this section on the 
person named in the application. 
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‘‘(h) RECORDING OF INTERCEPTION.—(1) The con-
tents of any wire, oral, or electronic communication inter-
cepted by any means authorized by this chapter shall, if 
possible, be recorded on tape or wire or other comparable 
device. The recording of the contents of any wire, oral, 
or electronic communication under this subsection shall be 
done in such a way as will protect the recording from edit-
ing or other alterations. Immediately upon the expiration 
of the period of the order, or extensions thereof, such re-
cordings shall be made available to the judge issuing such 
order and sealed under his directions. Custody of the re-
cordings shall be wherever the judge orders. They shall 
not be destroyed except upon an order of the issuing or 
denying judge and in any event shall be kept for ten years. 
Duplicate recordings may be made for use or disclosure 
pursuant to subsections (a) and (b) of section 3119B for 
investigations. The presence of the seal provided for by 
this subsection, or a satisfactory explanation for the ab-
sence thereof, shall be a prerequisite for the use or disclo-
sure of the contents of any wire, oral, or electronic commu-
nication or evidence derived therefrom under subsection 
(c) of section 3119B. 
‘‘(2) Applications made and orders granted under 
this chapter shall be sealed by the judge. Custody of the 
applications and orders shall be wherever the judge di-
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rects. Such applications and orders shall be disclosed only 
upon a showing of good cause before a judge of competent 
jurisdiction and shall not be destroyed except on order of 
the issuing or denying judge, and in any event shall be 
kept for ten years. 
‘‘(3) Any violation of the provisions of this subsection 
may be punished as contempt of the issuing or denying 
judge. 
‘‘(4) Within a reasonable time but not later than 
ninety days after the filing of an application for an order 
of approval under section 3119C(f)(2) which is denied or 
the termination of the period of an order or extensions 
thereof, the issuing or denying judge shall cause to be 
served, on the persons named in the order or the applica-
tion, and such other parties to intercepted communica-
tions as the judge may determine in his discretion that 
is in the interest of justice, an inventory which shall in-
clude notice of— 
‘‘(A) the fact of the entry of the order or the 
application; 
‘‘(B) the date of the entry and the period of au-
thorized, approved or disapproved interception, or 
the denial of the application; and 
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‘‘(C) the fact that during the period wire, oral, 
or electronic communications were or were not inter-
cepted. 
The judge, upon the filing of a motion, may in his discre-
tion make available to such person or his counsel for in-
spection such portions of the intercepted communications, 
applications and orders as the judge determines to be in 
the interest of justice. On an ex parte showing of good 
cause to a judge of competent jurisdiction the serving of 
the inventory required by this subsection may be post-
poned. 
‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any 
wire, oral, or electronic communication intercepted pursu-
ant to this chapter or evidence derived therefrom shall not 
be received in evidence or otherwise disclosed in any trial, 
hearing, or other proceeding in a Federal or State court 
unless each party, not less than ten days before the trial, 
hearing, or proceeding, has been furnished with a copy of 
the court order, and accompanying application, under 
which the interception was authorized or approved. This 
ten-day period may be waived by the judge if he finds that 
it was not possible to furnish the party with the above 
information ten days before the trial, hearing, or pro-
ceeding and that the party will not be prejudiced by the 
delay in receiving such information. 
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‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person 
in any trial, hearing, or proceeding in or before any court, 
department, officer, agency, regulatory body, or other au-
thority of the United States, a State, or a political subdivi-
sion thereof, may move to suppress the contents of any 
wire or oral communication intercepted pursuant to this 
chapter, or evidence derived therefrom, on the grounds 
that— 
‘‘(A) the communication was unlawfully inter-
cepted; 
‘‘(B) the order of authorization or approval 
under which it was intercepted is insufficient on its 
face; or 
‘‘(C) the interception was not made in con-
formity with the order of authorization or approval. 
Such motion shall be made before the trial, hearing, 
or proceeding unless there was no opportunity to 
make such motion or the person was not aware of 
the grounds of the motion. If the motion is granted, 
the contents of the intercepted wire or oral commu-
nication, or evidence derived therefrom, shall be 
treated as having been obtained in violation of this 
chapter. The judge, upon the filing of such motion 
by the aggrieved person, may in his discretion make 
available to the aggrieved person or his counsel for 
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