V.I. Code tit. 5, § 4105 (2019)
2019 US Virgin Islands Code|Title 5 - Judicial Procedure|Subtitle 3 - Criminal Procedure|Part II - Special Proceedings|Chapter 343 - Electronic Surveillance|§ 4105. Procedures by court upon application for electronic surveillance under this chapter

 (a) The Court may require the applicant to furnish additional testimony or documentary evidence in support of the application. (b) Upon such application, the Court may enter an ex parte order, as requested or as modified, authorizing or approving the interception of wire or oral communications within the jurisdiction of the Court if the Judge determines on the basis of the facts submitted by the applicant that: (1) There is probable cause to believe that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 4102 of this title; (2) There is probable cause to believe that particular communications concerning that offense will be obtained through such interception; (3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are too dangerous to be tried; (4) There is probable cause to believe 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 with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. (c) Each order authorizing or approving the interception of any wire 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 specific and 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 the person authorizing the application; (5) 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; (6) An order authorizing the interception of a wire or oral communication shall, upon the request of the applicant, direct that a communication common carrier, landlord, custodian, or other person, shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at prevailing rates. (d) 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, or in any event, any longer than 30 days. Extensions of any order may be granted, but only upon application for an extension made in accordance with subsection (a) of this section and upon 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 30 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, within 30 days. (e) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require periodic 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. (f) The contents of any wire or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. (1) The recording of the contents of any wire or oral communication under this subsection shall be kept in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extension thereof, such recording shall be made available to the Judge issuing such order and sealed under his directions. Custody of the recordings 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 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of section 4103 of this title, subsections (a) and (b) for investigations. (2) The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite to the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under section 4103 of this title, subsection (c). (3) Applications made and orders issued under this chapter shall be sealed by the Judge of the Court to whom such application has been made. Custody of the applications and orders shall be wherever the Judge directs. 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 10 years. (4) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying Court. (5) Within a reasonable time, but not later than 90 days after the termination of the period of an order or extension thereof, the issuing or denying Judge shall cause to be served on the persons named in the order or the application, and on such other parties to intercepted communications as the Judge may determine in his discretion it is in the interest of justice to be served, an inventory which shall include notice of: (A) the fact of the entry of the order or the application; (B) the date of the entry and the period of authorized, approved, or disapproved interception, or the denial of the application; and (C) the fact that during the period wire or oral communications were or were not intercepted. The Judge, upon the filing of a motion, may make available to such person or to his counsel for inspection such portions of 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 paragraph may be postponed. (g) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than 10 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 and approved. This 10-day period may be waived by the Judge if he finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay in receiving such information. (h)  (1) Any aggrieved person in any trial, hearing, or proceeding, in or before any court, department, officer, agency, regulatory body, or other authority may move by application to a court of competent jurisdiction, if not already before such court, to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the ground that: (A) The communication was unlawfully intercepted; or (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 conformity 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 within a reasonable period prior thereto. If the motion is granted, the contents of the intercepted wire or oral communication, 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 make available to the aggrieved person, or to his counsel, for inspection such portions of the intercepted communication or evidence derived therefrom as the Judge determines should be disclosed in the interests of justice. (2) In addition to any other right to appeal, the Attorney General or the United States Attorney shall have the right to appeal from an order granting a motion to suppress made under paragraph (1) of this subsection, or the denial of an application for an order of approval, if the attorney shall certify to the Judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within 30 days after the date the order was entered and shall be diligently prosecuted.