reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-2. - Grounds for issuance.

§ 12-5-2. Grounds for issuance.
A warrant may be issued under this chapter to search for and seize any of the following:
(1)
Property stolen or embezzled, or obtained by any false pretense, or pretenses, with intent to cheat or defraud within this state, or elsewhere;
(2)
Property kept, suffered to be kept, concealed, deposited, or possessed in violation of law, or for the purpose of violating the law;
(3)
Property designed or intended for use, or that is or has been used, in violation of law, or as a means of committing a violation of law;
(4)
Property that is evidence of the commission of a crime;
(5)
Samples of blood, saliva, hair, bodily tissues, bodily fluids, or dental impressions from the body of a person that may yield evidence of the identity of the perpetrator of a crime when subjected to scientific or other forensic analysis. The foregoing samples, and the results of any scientific or other forensic analysis, shall be admissible in all criminal proceedings, subject to application of the rules of evidence and criminal procedure. When any of the foregoing samples are seized for scientific or forensic analysis, the seizure shall be conducted in accordance with the regulations, guidelines, or protocols of the department of health or the state crime laboratory, as may be appropriate under the circumstances;
(6)
Samples of blood or breath that may yield evidence of the presence of alcohol or a controlled substance when subjected to a chemical test, as contemplated in § 31-27-2. When any of the foregoing samples are seized for purposes of performing the aforementioned chemical test, the seizure shall be conducted in accordance with the regulations of the department of health that apply to the consensual collection of such a sample for purposes of the chemical test contemplated by § 31-27-2; or
(7)
Property of a respondent under chapter 8.3 of title 8 where firearms may be under the possession, custody, or control of the respondent.
History of Section.
C.P.A. 1905, § 178; G.L. 1909, ch. 281, § 31; P.L. 1915, ch. 1258, § 1; G.L. 1923, ch. 331, § 31; G.L. 1938, ch. 501, § 31; G.L. 1956, § 12-5-1; G.L., § 12-5-2, as enacted by P.L. 1965, ch. 168, § 1; P.L. 1972, ch. 169, § 13; P.L. 2004, ch. 441, § 1; P.L. 2004, ch. 493, § 1; P.L. 2009, ch. 210, § 1; P.L. 2009, ch. 211, § 1; P.L. 2018, ch. 6, § 2; P.L. 2018, ch. 7, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-3. - Issuance and contents.

§ 12-5-3. Issuance and contents.
(a)
A warrant shall issue only upon complaint in writing, under oath of:
(1)
A chief of police, deputy chief of police or other members of the police force of any city or town, or deputy sheriff of any county, member of the division of state police, full time conservation officer of the department of environmental management, or other person specifically authorized by law to bring complaints for violation of the law which it is his or her responsibility to enforce;
(2)
Additionally, in the case of property stolen, embezzled, or obtained by fraud or false pretenses, any person who has a right to the possession of the property.
(3)
Additionally, a sworn law enforcement member of any city or town where that member is serving on a statewide task force.
(b)
Within fourteen (14) days of the issuance of any warrant under this chapter, whether or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any property seized, shall be returned to the district court having jurisdiction over the place of the search or, in the event of a warrant that is not executed, the court from which it was issued. The returns shall be maintained by the district court according to the date of issuance. If not otherwise indicated, the return shall note whether the warrant was executed.
History of Section.
C.P.A. 1905, § 178; G.L. 1909, ch. 281, § 31; P.L. 1915, ch. 1258, § 1; G.L. 1923, ch. 331, § 31; G.L. 1938, ch. 501, § 31; G.L. 1956, § 12-5-1; G.L., § 12-5-3, as enacted by P.L. 1965, ch. 168, § 1; P.L. 1969, ch. 239, § 16; P.L. 1972, ch. 169, § 13; P.L. 1986, ch. 168, § 1; P.L. 1991, ch. 364, § 1; P.L. 1998, ch. 333, § 1; P.L. 2012, ch. 159, § 1; P.L. 2012, ch. 172, § 1; P.L. 2012, ch. 324, § 42.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-3.14. - Complaint for issuance of search warrant — Medicaid Fraud Control Unit.

§ 12-5-3.14. Complaint for issuance of search warrant — Medicaid Fraud Control Unit.
In addition to those persons specified in § 12-5-3(a)(1), the director of investigations of the Medicaid Fraud Control Unit of the department of attorney general is authorized to sign written complaints, under oath, for the issuance of search warrants.
History of Section.
P.L. 1988, ch. 209, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-3.17. - Complaint for issuance of search warrant — Town of North Kingstown.

§ 12-5-3.17. Complaint for issuance of search warrant — Town of North Kingstown.
In addition to those persons specified in § 12-5-3(a), detectives, and any rank above, in the town of North Kingstown police department are hereby authorized to sign written complaints, under oath, for the issuance of search warrants.
History of Section.
P.L. 2019, ch. 287, § 1; P.L. 2019, ch. 299, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-4. - Complainant officer exempt from surety for costs.

§ 12-5-4. Complainant officer exempt from surety for costs.
(a)
No officer or other person described in § 12-5-3(a)(1) complaining as required by that section shall be required at the time of making a complaint to give surety for costs, or in any way to become liable for the costs that may accrue on it or for any damage on account of the seizure.
(b)
Any person described in § 12-5-3(a)(2) complaining as required by that section shall give recognizance in the sum of fifty dollars ($50.00).
History of Section.
C.P.A. 1905, § 178; G.L. 1909, ch. 281, § 31; P.L. 1915, ch. 1258, § 1; G.L. 1923, ch. 331, § 31; G.L. 1938, ch. 501, § 31; G.L. 1956, § 12-5-1; G.L., § 12-5-4; P.L. 1965, ch. 168, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-7. - Disposition of seized property.

§ 12-5-7. Disposition of seized property.
(a)
The property seized shall be safely kept by the officer seizing it, under the direction of the court, so long as may be necessary for the purpose of being used as evidence in any case.
(b)
As soon as may be thereafter, if the property is subject to forfeiture, further proceedings shall be had on the property for forfeiture as is prescribed by law in chapter 21 of this title.
(c)
If the property seized was stolen or otherwise unlawfully taken from the owner, or is not found to have been unlawfully used or intended for unlawful use, or is found to have been unlawfully used without the knowledge of the owner, it shall be returned to the person legally entitled to its possession.
History of Section.
C.P.A. 1905, § 179; G.L. 1909, ch. 281, § 32; G.L. 1923, ch. 331, § 32; G.L. 1938, ch. 501, § 32; G.L. 1956, § 12-5-2; G.L., § 12-5-7; P.L. 1965, ch. 168, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-8. - Hearing upon seizure of matter alleged to be obscene.

§ 12-5-8. Hearing upon seizure of matter alleged to be obscene.
Whenever any deputy sheriff, municipal or state police officer, or any other person authorized by law to execute a search warrant shall seize any property alleged to be obscene, pursuant to a search warrant issued under the provisions of this chapter, the person in whose possession it is found or who claims a proprietary interest in it shall be entitled to a hearing before the superior court on the question of whether or not the property is obscene within three (3) days of the time a written demand is submitted to a judge of the superior court and notice served upon the attorney general, or in the case of towns and cities the chief legal officer of the town or city, and if a hearing is held, the court shall render a decision on the question within forty-eight (48) hours of the conclusion of the hearing. If by the decision the court determines that the matter is not obscene, it shall be immediately returned to the person.
History of Section.
P.L. 1966, ch. 258, § 1; P.L. 1982, ch. 244, § 1; P.L. 2012, ch. 324, § 42.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5 - Search Warrants › Section 12-5-10. - Electronic communication services.

§ 12-5-10. Electronic communication services.
(a)
Based on probable cause, a warrant may be issued to corporations located outside the state of Rhode Island that provide electronic communication services to the general public in connection with any communications sent to or received by customers or recipients located in Rhode Island. The warrant may require the provision of customer identity, data stored by or on behalf of the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications.
(b)
Any warrant issued under this section shall be honored within the state of Rhode Island and also in any foreign jurisdiction which has any law in place providing for the honoring of such warrants.
History of Section.
P.L. 2002, ch. 198, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-3. - Where application may be made.

§ 12-5.1-3. Where application may be made.
Application for an order to intercept wire, electronic, or oral communication may be made to the presiding justice of the superior court or the senior associate justice of the superior court whenever the presiding justice shall deem it necessary to disqualify himself or herself from entering the order.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1980, ch. 100, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-4. - Issuance of orders.

§ 12-5.1-4. Issuance of orders.
(a)
Upon the application as provided in § 12-5.1-2 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, as required or as modified, authorizing the interception of wire, electronic, or oral communications if the presiding justice of the superior court determines 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 designated offense;
(2)
There is probable cause for belief that particular communications concerning that offense will be obtained through the interception;
(3)
Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried, or to be too dangerous;
(4)
There is probable cause for belief that the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted, are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the individual.
(b)
If the facilities from which a wire, electronic, or oral communication is to be intercepted are public, no order of authorization shall be issued unless the court, in addition to the matters provided in subsection (a) of this section, determines that there is a special need to intercept wire communications over the facilities.
(c)
If the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted, are being used, or are about to be used, or are leased to, listed in the name of, or commonly used by, a licensed attorney-at-law, or an ordained minister of the gospel, priest, or rabbi of any denomination, or is a place used primarily for habitation by a husband and wife, no order shall be issued unless the presiding justice of the superior court, in addition to the matters provided in subsection (a) of this section, determines that there is a special need to intercept wire, electronic, or oral communications over those facilities or in those places, and that the interceptions will be so conducted as to minimize or eliminate interception of privileged communication between lawyers and clients, clergy and confidants, or husbands and wives.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1980, ch. 100, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-6. - Approval of interception of wire, electronic, or oral communication.

§ 12-5.1-6. Approval of interception of wire, electronic, or oral communication.
(a)
An order of approval of the interception of any wire, electronic, or oral communication relating to an offense other than that specified in the order of authorization may be issued where the court finds on an application for an order of approval submitted in the same manner as an application for authorization as provided in § 12-5.1-2 that the interception was otherwise made in accordance with this chapter. This application shall be made as soon as practicable.
(b)
In addition to any other right to appeal, the state, by the attorney general, shall have the right to appeal from a denial of an order of approval made under this section. The appeal shall be claimed and taken in the manner provided by law and rule of court for prosecuting appeals in civil actions.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-7. - Execution of orders.

§ 12-5.1-7. Execution of orders.
(a)
An order may be executed pursuant to its terms anywhere in the state.
(b)
An order may be personally executed by the authorized applicant or by other investigative or law enforcement officer designated by him or her or the presiding justice of the superior court for the purpose.
(c)
The order shall be executed according to its terms during the hours specified by the order, and for the authorized period, or a part of that period. Any device installed for the purpose of interception must be removed as soon after termination of the interception as practicable. Entry upon private premises for the removal of the device is deemed to be authorized by the warrant.
History of Section.
P.L. 1969, ch. 55, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-8. - Maintenance and custody of records.

§ 12-5.1-8. Maintenance and custody of records.
(a)
The contents of any wire, electronic, or oral communication intercepted by any means authorized by this chapter shall, if practicable, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic, or oral communication under this section shall be done 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 extensions of the order, the recordings shall be made available to the presiding justice of the superior court issuing the order and sealed under his or her directions. Custody of the recordings shall be wherever the presiding justice of the superior court orders. They shall not be destroyed except upon an order of the presiding justice of the superior court, and in any event, shall be kept for ten (10) years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of § 12-5.1-10(a) or (b) for investigations and bail hearings and any pre-trial hearings. The presence of the seal provided for by this section, or a satisfactory explanation for its absence, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic, or oral communication or evidence derived from them at any bail hearing or pre-trial hearing.
(b)
Applications made and orders granted under this chapter shall be sealed by the presiding justice of the superior court. Custody of the applications and orders shall be wherever the presiding justice of the superior court directs. The applications and orders shall be disclosed only upon a showing of good cause before the presiding justice of the superior court and shall not be destroyed except on order of the presiding justice of the superior court, and in any event shall be kept for ten (10) years.
(c)
Any violation of the provisions of this section may be punished as contempt of the presiding justice of the superior court.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1992, ch. 282, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-9. - Return of inventory.

§ 12-5.1-9. Return of inventory.
(a)
Within a reasonable time but not later than ninety (90) days after the termination of the period of the order or of extensions of the order, the presiding justice of the superior court shall cause to be served on the person named in the order or application, and any other parties to the intercepted communications that the presiding justice of the superior court may determine in his or her direction to be in the interest of justice, an inventory which shall include:
(1)
Notice of the entry of the order or the application for a denied order of approval;
(2)
The date of the entry of the order or the denial of the application for an order of approval;
(3)
The period of authorized, approved or disapproved interception;
(4)
The fact that during the period wire, electronic, or oral communications were or were not intercepted.
(b)
The judge, upon the filing of a motion, may in his or her discretion make available to the person or the person’s counsel for inspection any portions of the intercepted communications, applications, and orders that the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the inventory required by this section may be postponed.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-10. - Disclosure and use of intercepted wire or oral communications.

§ 12-5.1-10. Disclosure and use of intercepted wire or oral communications.
(a)
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from them, may disclose the contents to another investigative or law enforcement officer to the extent that disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(b)
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from them may use the contents to the extent that their use is appropriate to the proper performance of his or her official duties.
(c)
Any person who has received, by any means authorized by this chapter, any information concerning a wire, electronic, or oral communication, or evidence derived from them intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of this or any other state or in any federal or state grand jury proceeding.
(d)
No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-11. - Notice of intention.

§ 12-5.1-11. Notice of intention.
The contents of any intercepted wire, electronic, or oral communication or evidence derived from them shall not be received in evidence or otherwise disclosed in any criminal proceeding unless each party, not less than ten (10) days before the proceeding has been furnished with a copy of the application, order, and inventory under which the interception was authorized or approved. This ten (10) day period may be waived by the judge if he or she finds that it was not possible to furnish the party with the information more than ten (10) days before the proceeding and that the party will not be prejudiced by the delay in receiving the information.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-12. - Suppression of evidence.

§ 12-5.1-12. Suppression of evidence.
(a)
Any aggrieved person may move to suppress the contents of any intercepted wire, electronic, or oral communication or evidence derived from them on the grounds that:
(1)
The communication was unlawfully intercepted;
(2)
The order under which it was intercepted is insufficient on its face;
(3)
The interception was not made in conformity with the order;
(4)
Service was not made as provided in § 12-5.1-11; or
(5)
The seal provided in § 12-5.1-8(b) is not present and there is no satisfactory explanation for its absence.
(b)
A motion under this section shall be made before the trial, unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic, or oral communication, or evidence derived from them, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of the motion by the aggrieved person, may in his or her discretion make available to the aggrieved person or the person’s counsel for inspection any portions of the intercepted communication or evidence derived from them that the judge determines to be in the interests of justice.
(c)
If the motion shall be made before any court or judge other than the presiding justice of the superior court, the motion shall be transferred to the presiding justice of the superior court or to an associate justice of the superior court who shall be designated by the presiding justice, or by the associate justice in charge of the criminal calendar in Providence County whenever the presiding justice shall deem it necessary to disqualify himself or herself, for hearing and determination. No motion under this section shall be heard or determined by a district court in preliminary proceedings or otherwise.
(d)
In addition to any other right of appeal, the state, by the attorney general, shall have the right to appeal from an order allowing a motion to suppress made under this section. The appeal shall be taken within thirty (30) days after the date of allowance of the motion to suppress. If the motion to suppress is allowed prior to trial, the appeal shall be decided prior to trial. If the motion to suppress is allowed during trial and the attorney general shall claim an appeal, the evidence shall be admitted at trial, and the question of admissibility reserved for the supreme court.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1980, ch. 100, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-13. - Civil remedy.

§ 12-5.1-13. Civil remedy.
(a)
Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses the communications, and shall be entitled to recover from that person:
(1)
Actual damages, but not less than liquidated damages, computed at the rate of one hundred dollars ($100) per day for each day of violation, or one thousand dollars ($1,000), whichever is higher;
(2)
Punitive damages; and
(3)
Reasonable attorneys’ fees and other litigation disbursements reasonably incurred.
(b)
Good faith reliance on a court order issued under this chapter shall constitute a complete defense to any civil or criminal action brought under this section or any other law. Any communications common carrier and its employees shall be deemed to have acted in good faith upon receipt of a certified copy of the court order issued under this chapter and the representations of the attorney general or an assistant attorney general specially designated by the attorney general.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1974, ch. 121, § 1; P.L. 1979, ch. 239, § 1; P.L. 1999, ch. 167, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-14. - Annual report of interceptions to the general assembly.

§ 12-5.1-14. Annual report of interceptions to the general assembly.
(a)
On the second Friday of January, of each year, the attorney general shall submit a report to the general assembly stating the number of applications made for orders during the previous year and the number of orders issued. In addition, the report shall provide, for each wiretap order and renewal:
(1)
A breakdown of the effective period of the wiretap;
(2)
The designation of the offenses for which the wiretap was sought;
(3)
The number of interceptions made by the wiretap during the reported year;
(4)
An indication whether any indictments were obtained as a result of those intercepts; (5) An indication, if any motions to suppress were made, whether the motions were granted; and
(6)
The prosecutorial results, if any, of the wiretap, including the criminal sentences imposed on any individual who pleads or is convicted of a crime in which wiretaps were instituted.
(b)
If the wiretap order is a renewal from a previous year, or a case is closed in which a wiretap order had been previously obtained, the report shall list with the information provided in subsection (a) of this section a separate breakdown of the information for prior years. The report shall not include any information of wiretaps which remain in operation at the time the report is filed. This report shall be a public document. The report shall also include the number of pen registers and trap and trace devices authorized.
History of Section.
P.L. 1969, ch. 55, § 1; P.L. 1988, ch. 236, § 1; P.L. 1992, ch. 283, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-15. - Conformity to the law of the United States.

§ 12-5.1-15. Conformity to the law of the United States.
Notwithstanding any provision of this chapter, any court to which an application is made in accordance with this chapter may take any evidence, make any finding, or issue any order required to conform the proceedings or the issuance of any order of authorization or approval as provided in this chapter to the provisions of the Constitution of the United States or of any law of the United States.
History of Section.
P.L. 1969, ch. 55, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.1 - Interception of Wire and Oral Communications › Section 12-5.1-16. - Severability.

§ 12-5.1-16. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1969, ch. 55, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.2 - Pen Registers and Trap and Trace Devices › Section 12-5.2-1. - Definitions.

§ 12-5.2-1. Definitions.
As used in this chapter:
(1)
“Designated offense” means the offenses of:
(i)
Murder, robbery, kidnapping, extortion, assault with a dangerous weapon, and assault with intent to rob or murder;
(ii)
Arson in the first degree, arson in the second degree, or arson in the third degree;
(iii)
Bribery; larceny involving the receipt of stolen property of a value of more than five hundred dollars ($500);
(iv)
Any violation of chapter 28 of title 21 where the offense is punishable by imprisonment for more than one year;
(v)
Any violation of chapters 19, 47, or 51 of title 11, where the offense is punishable by imprisonment for more than one year;
(vi)
The lending of money at a rate of interest in violation of law; and
(vii)
Conspiracy to commit any of the offenses provided in this subdivision;
(2)
“Pen register” means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business;
(3)
“Trap and trace device” means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;
(4)
“Wire communications” has the meaning set forth in § 12-5.1-1.
History of Section.
P.L. 1992, ch. 283, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.2 - Pen Registers and Trap and Trace Devices › Section 12-5.2-2. - Application for an order for a pen register or a trap and trace device.

§ 12-5.2-2. Application for an order for a pen register or a trap and trace device.
(a)(1)
The attorney general or an assistant attorney general designated by the attorney general may make application for an order or an extension of an order pursuant to the provisions of § 12-5.2-3 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to the presiding justice of the superior court or his or her designee in order to obtain information regarding a designated offense.
(2)
Any law enforcement officer set forth in § 12-5-3 may make application for an order or an extension of an order under § 12-5.2-3 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation to the presiding justice of the superior court or his or her designee.
(b)
An application pursuant to subsection (a) of this section shall include:
(1)
The identity of the attorney general, assistant attorney general, or the law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2)
A certification by the applicant that the information likely to be obtained is relevant and necessary to an ongoing criminal investigation, that other investigative procedures have been or are being initiated or conducted, and that the request for the issuance of the pen register and/or trap and trace device is necessary to further an ongoing criminal investigation being conducted by that agency.
History of Section.
P.L. 1992, ch. 283, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.2 - Pen Registers and Trap and Trace Devices › Section 12-5.2-3. - Issuance of an order for a pen register or a trap and trace device.

§ 12-5.2-3. Issuance of an order for a pen register or a trap and trace device.
(a)(1)
Upon an application made pursuant to § 12-5.2-2, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court is reasonably satisfied that the information likely to be obtained by the installation and use is relevant and necessary to further an ongoing criminal investigation and that use of a pen register or trap and trace device is the least intrusive way to obtain the information sought.
(2)
An order issued under this section shall specify:
(i)
The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;
(ii)
The identity of the person who is the subject of the criminal investigation;
(iii)
The number and physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case if a trap and trace device, the geographic limits of the trap and trace order;
(iv)
A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device is relevant; and
(v)
Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under § 12-5.2-4.
(b)
An order issued pursuant to this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty (60) days.
(c)
Extensions of the order may be granted only upon an application for an order pursuant to § 12-5.2-2, and upon the judicial finding required by subdivision (a)(1) of this section. The period of extension shall be a period not to exceed sixty (60) days.
(d)
An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(1)
The order is sealed until otherwise ordered by the court; and
(2)
The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.
History of Section.
P.L. 1992, ch. 283, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.2 - Pen Registers and Trap and Trace Devices › Section 12-5.2-4. - Assistance in installation and use of pen register or a trap and trace device.

§ 12-5.2-4. Assistance in installation and use of pen register or a trap and trace device.
(a)
Upon the request of the attorney general, assistant attorney general, or law enforcement officer authorized to install and use a pen register under this chapter, a provider of wire communication service shall immediately furnish the attorney general, assistant attorney general, or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively, and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order as provided in § 12-5.2-3.
(b)
Upon the request of the attorney general, assistant attorney general, or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire communication service shall immediately install the device on the appropriate line and shall furnish the investigative or law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by a court order as provided in § 12-5.2-3. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the attorney general, assistant attorney general, or officer of a law enforcement agency, designated by the court, at reasonable intervals during regular business hours for the duration of the order.
(c)
A provider of a wire communication service who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for reasonable expenses incurred in providing these facilities and assistance.
(d)
No cause of action shall lie in any court against any provider of a wire communication service, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter.
(e)
Good faith reliance on a court order, a legislative authorization, or a statutory authorization shall be an absolute defense against any civil or criminal action brought pursuant to this chapter or any other law.
History of Section.
P.L. 1992, ch. 283, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-5.2 - Pen Registers and Trap and Trace Devices › Section 12-5.2-5. - Severability.

§ 12-5.2-5. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1992, ch. 283, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-1. - Examination on complaint of commission of offense.

§ 12-6-1. Examination on complaint of commission of offense.
Whenever any complaint shall be made to any judge of the district court, or to any justice of the peace authorized to issue warrants within a division of the district court, of the commission of any offense within the division, he or she shall examine the complainant under oath or affirmation and require the complainant’s statements to be reduced to writing and be subscribed and sworn to by the person or persons making them.
History of Section.
C.P.A. 1905, § 158; G.L. 1909, ch. 281, § 11; G.L. 1923, ch. 331, § 11; G.L. 1938, ch. 501, § 11; G.L. 1956, § 12-6-1; P.L. 1969, ch. 239, § 17; P.L. 1972, ch. 169, § 15.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-2. - Recognizance for cost on complaint within trial jurisdiction of district court.

§ 12-6-2. Recognizance for cost on complaint within trial jurisdiction of district court.
Whenever any complaint shall allege the commission of any offense within the jurisdiction of the district court to try and determine, the judge or justice of the peace shall require the complainant, unless he or she is exempted by law, to enter into a like recognizance as is required when complaint is made for any threat.
History of Section.
C.P.A. 1905, § 159; G.L. 1909, ch. 281, § 12; G.L. 1923, ch. 331, § 12; G.L. 1938, ch. 501, § 12; G.L. 1956, § 12-6-2; P.L. 1969, ch. 239, § 17.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-3. - Surety for costs on complaint beyond trial jurisdiction of district court.

§ 12-6-3. Surety for costs on complaint beyond trial jurisdiction of district court.
The judge or justice of the peace may, in all cases of complaint to any of them of the commission of any crime or offense which the district court has not jurisdiction to try and determine, before issuing any warrant on the complaint, require of the complainant surety for costs, as is required in cases which the court has jurisdiction to try and determine.
History of Section.
C.P.A. 1905, § 160; G.L. 1909, ch. 281, § 13; G.L. 1923, ch. 331, § 13; G.L. 1938, ch. 501, § 13; G.L. 1956, § 12-6-3; P.L. 1969, ch. 239, § 17.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-4. - Issuance of warrant.

§ 12-6-4. Issuance of warrant.
Upon the giving of a recognizance with surety, in the case where surety is required, and upon the giving of a recognizance without surety, where no surety is required, and upon the making of a complaint only where no recognizance is required, the judge or justice of the peace, if in his or her opinion there is probable cause to believe that an offense has been committed and that defendant has committed it, shall immediately issue his or her warrant.
History of Section.
C.P.A. 1905, § 161; G.L. 1909, ch. 281, § 14; G.L. 1923, ch. 331, § 14; G.L. 1938, ch. 501, § 14; G.L. 1956, § 12-6-4; P.L. 1972, ch. 169, § 15.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-5. - Recognizance not required on official complaints.

§ 12-6-5. Recognizance not required on official complaints.
Whenever any agent of the children’s friend and service shall make complaint against any person for any of the offenses mentioned in §§ 11-9-1 — 11-9-8; or whenever any agent of the Rhode Island society for the prevention of cruelty to animals shall make any complaint against any person for any of the offenses mentioned in chapter 1 of title 4; or whenever the director of public welfare of any city or town shall make complaint against any person for the violation of any of the provisions contained in chapter 8 of title 15; or whenever the director or an agent of the department of labor and training, specifically designated for the purpose, shall make a complaint against any person for any of the offenses mentioned in chapters 3, 12, 14 and chapters 29 — 38 of title 28; or whenever the director or an agent of the department of human services, duly appointed for that purpose, or the director of any state institution appointed by the director of human services, or the superintendent of the Rhode Island training school for youth, or the warden of the adult correctional institutions shall make complaint against any person under any law governing the state department of human services, that director, agent, or officer shall not be required to enter into recognizance for costs.
History of Section.
C.P.A. 1905, § 162; G.L. 1909, ch. 281, § 15; G.L. 1923, ch. 331, § 15; P.L. 1930, ch. 1569, § 1; G.L. 1938, ch. 501, § 15; impl. am. P.L. 1939, ch. 660, § 80; impl. am. P.L. 1946, ch. 1774, §§ 1, 2; impl. am. P.L. 1950, ch. 2416, § 3; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-6-5; P.L. 1986, ch. 373, § 1; P.L. 1994, ch. 101, § 6; P.L. 1994, ch. 401, § 7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-7. - Warrants issued to other divisions.

§ 12-6-7. Warrants issued to other divisions.
Whenever any judge of the district court, or any justice of the peace, shall issue his or her warrant against any person charged with an offense committed in a division of the district court, and the person so charged shall escape into, reside, or be in any other county than the one in which the division is, the judge or justice of the peace may direct his or her warrant to each and all deputy sheriffs, city or town sergeants, and town constables within the state, requiring them to apprehend the person and bring him or her before the division of the district court having jurisdiction of the offense, to be dealt with according to law; the officers shall obey and execute the warrant, and be protected from obstruction and assault in executing the warrant as in service of other process.
History of Section.
C.P.A. 1905, § 174; G.L. 1909, ch. 281, § 27; G.L. 1923, ch. 331, § 27; G.L. 1938, ch. 501, § 27; G.L. 1956, § 12-6-7; P.L. 1969, ch. 239, § 17; P.L. 2012, ch. 324, § 43; P.L. 2015, ch. 260, § 21; P.L. 2015, ch. 275, § 21.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-7.1. - Service of arrest warrants.

§ 12-6-7.1. Service of arrest warrants.
(a)
Whenever any judge of any court shall issue his or her warrant against any person for failure to appear or comply with a court order, or for failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge may direct the warrant to each and all deputy sheriffs, the warrant squad, or any peace officer as defined in § 12-7-21, requiring them to apprehend the person and bring him or her before the court to be dealt with according to law; and the officers shall obey and execute the warrant, and be protected from obstruction and assault in executing the warrant as in service of other process. The person apprehended shall, in addition to any other costs incurred by him or her, be ordered to pay a fee for service of this warrant in the sum of one hundred twenty-five dollars ($125). Twenty-five dollars ($25.00) of the above fee collected as a result of a warrant squad arrest shall be divided among the local law enforcement agencies assigned to the warrant squad. Any person apprehended on a warrant for failure to appear for a cost review hearing in the superior court may be released upon posting with a justice of the peace the full amount due and owing in court costs as described in the warrant or bail in an other amount or form that will ensure the defendant’s appearance in the superior court at an ability to pay hearing, in addition to the one hundred twenty-five dollars ($125) warrant assessment fee described above. Any person detained as a result of the actions of the justice of the peace in acting upon the superior court cost warrant shall be brought before the superior court at its next session. Such monies shall be delivered by the justice of the peace to the court issuing the warrant on the next court business day.
(b)
Any person arrested pursuant to a warrant issued by a municipal court may be presented to a judge of the district court, or a justice of the peace authorized to issue warrants pursuant to § 12-10-2, for release on personal recognizance or bail when the municipal court is not in session. The provisions of this section shall apply only to criminal and not civil cases pending before the courts.
(c)
Any person arrested pursuant to a warrant issued hereunder shall:
(1)
be immediately brought before the court;
(2)
if the court is not in session then the person shall be brought before the court at its next session;
(3)
be afforded a review hearing on his/her ability to pay within forty-eight (48) hours; and
(4)
if the court is not in session at the time of the arrest, a review hearing on his/her ability to pay will be provided at the time for the first court appearance, as set forth in subsection (c)(3) of this section.
History of Section.
P.L. 1986, ch. 404, § 1; P.L. 1989, ch. 195, § 1; P.L. 1995, ch. 322, § 1; P.L. 1995, ch. 370, art. 33, § 1; 1996, ch. 413, § 1; P.L. 2003, ch. 122, § 1; P.L. 2008, ch. 297, § 1; P.L. 2008, ch. 326, § 1; P.L. 2012, ch. 324, § 43.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-6 - Warrants for Arrest › Section 12-6-7.2. - Repealed.

§ 12-6-7.2. Repealed.
History of Section.
P.L. 1989, ch. 195 § 3; P.L. 1993, ch. 423, § 3; P.L. 1995, ch. 370, art. 40, § 40; P.L. 1996, ch. 413, § 1; P.L. 2004, ch. 595, art. 32, § 1; P.L. 2005, ch. 117, art. 29, § 1; Repealed by P.L. 2010, ch. 23, art. 7, § 5.