Pennsylvania Code › Title 210 - APPELLATE PROCEDURE › Part I - RULES OF APPELLATE PROCEDURE › Article III - MISCELLANEOUS PROVISIONS › Chapter 35 - BUSINESS OF THE SUPERIOR COURT › WIRETAPS › Rule 3546 - Orders-Factual Statement

Current through Register Vol. 54, No. 28, July 13, 2024
After reciting the relevant facts, the order shall set
						forth the following:
A. The identity
					 of the investigative or law enforcement officers or agency to whom authority to
					 intercept is given,
i.e.
, the supervising officer named in the
					 application along with all qualified members of the named agency.
B. The identity of the Applicant and, if the
					 Applicant is a designee, the identity of the District Attorney or Attorney
					 General.
C. The identity of, or a
					 particular description of, the person(s), if known, whose communications are to
					 be intercepted.
D. The character and
					 location of the particular communication facilities as to which, or the
					 particular place as to which, authority to intercept is granted, except where a
					 target specific order is at issue.
E. A particular description of the type of
					 communication to be intercepted and a statement of the particular offense(s) to
					 which it relates.
F. The period of
					 time during which such interception is authorized not to exceed 30 days, or 60
					 days in the cases of orders authorizing production or disclosure of mobile
					 communication tracking, the installation and use of pen registers, trap and
					 trace devices, or telecommunication identification interception devices,
					 including a statement as to whether or not the interception shall automatically
					 terminate when the described communication has been first obtained. The order
					 shall state that such interception or tracking is authorized only for that
					 period of time necessary under the circumstances to accomplish the objectives
					 of the interception or tracking. The order shall require that the interception
					 or tracking begin and terminate as soon as practicable and that the
					 interception be conducted in such a manner as to minimize or eliminate
					 interception of communications not otherwise subject to interception under the
					 Wiretap Act and require reasonable efforts, whenever possible, to reduce the
					 hours of interception.
G. The order
					 shall require the Applicant to supervise the interception or
					 tracking.
H. The order should
					 require periodic progress reports to the Issuing Judge indicating the progress
					 made toward achieving the objective of the interception or tracking and the
					 need for continued interception.
I.
					 If requested by the Applicant, the order shall direct the pertinent
					 communications common carrier to furnish the Applicant with all information,
					 facilities, and technical assistance necessary to accomplish the interception
					 or tracking unobtrusively and with a minimum of interference with the services
					 being afforded to the subject(s) of the interception. The order shall provide
					 that the common carrier shall be compensated at prevailing rates.
J. If requested by the Applicant, the order
					 shall authorize the entry of the subject premises or facilities (or other
					 premises necessary to gain entry into the subject premises) by the law
					 enforcement officers previously authorized in the order to conduct the
					 interception as often as necessary solely for the purpose of installing,
					 maintaining or removing an interception device. The order shall further provide
					 that such entry is found to be reasonably necessary to accomplish the purposes
					 of the Wiretap Act and shall require that the Issuing Judge be notified of the
					 time and method of each such entry in advance, if practical, and in any event,
					 within 48 hours of entry.