CHAPTER 959a*
WIRETAPPING AND ELECTRONIC SURVEILLANCE

      *See chapter 952, part XVII re tampering with private communications and eavesdropping.

      Cited. 171 C. 524. Federal, Connecticut and New York wiretap statutes discussed. 176 C. 17. Cited. 189 C. 42. Cited. 191 C. 360. Cited. 194 C. 447. Sec. 54-41a et seq. cited. 212 C. 195. Secs. 54-41a-54-41t wiretap act cited. 224 C. 593. Sec. 54-41a et seq. cited. Id. Monitoring and tape recording of cordless telephone conversations without a judicial wiretap order was unlawful interception under wiretap act. Id. Wiretap Act, Sec. 54-41a et seq. cited. 238 C. 253. Wiretapping statutes, Sec. 54-41a-54-41t cited. Id., 692.

      Cited. 3 CA 477. Cited. 5 CA 634. Cited. 14 CA 605. Cited. 16 CA 245. Connecticut wiretapping statutes, Sec. 54-41a et seq. cited. 44 CA 247.


Table of Contents

Sec. 54-41a. Definitions.
Sec. 54-41b. Application for order authorizing interception.
Sec. 54-41c. Information in application.
Sec. 54-41d. Issuance of order.
Sec. 54-41e. Statement by panel on issuance of order. Contents of order.
Sec. 54-41f. Execution of order; progress reports.
Sec. 54-41g. Extensions of order.
Sec. 54-41h. Privileged wire communications; issuance of order and interception prohibited.
Sec. 54-41i. Recording of interception; sealing, custody and destruction.
Sec. 54-41j. Sealing, custody, storage and destruction of applications and orders.
Sec. 54-41k. Service of notice of interception; inspection of intercepted communications, applications and orders; postponement of service.
Sec. 54-41l. Intercepted communication admissible as evidence, when.
Sec. 54-41m. Motion to suppress.
Sec. 54-41n. Report by panel to Chief Court Administrator.
Sec. 54-41o. Reports by state's attorneys.
Sec. 54-41p. Disclosure of contents of wire communication. Unauthorized disclosure: Class D felony.
Sec. 54-41q. Authority of communication common carrier to intercept, disclose or use wire communication.
Sec. 54-41r. Remedies of party intercepted; defense.
Sec. 54-41s. Illegal possession, sale, distribution of equipment: Class D felony.
Sec. 54-41t. Unauthorized or illegal interception: Class C felony.
Sec. 54-41u. Admissibility of intercepted wire communication obtained pursuant to federal law.

      Sec. 54-41a. Definitions. The following words and phrases, as used in this chapter, shall have the following meanings, unless the context otherwise requires:

      (1) "Wire communication" means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of telephone or telegraph between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications;

      (2) "Intercept" means the intentional overhearing or recording of a wire communication through the use of any electronic, mechanical or other device;

      (3) "Electronic, mechanical or other device" means any device or apparatus which can be used to intercept a wire communication other than (A) any telephone or telegraph instrument, equipment or facility, or any component thereof (i) furnished to the subscriber or used by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or (ii) being used by a communications common carrier in the ordinary course of its business, (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;

      (4) "Person" means any officer, agent or employee of the state of Connecticut or any political subdivision thereof, and any individual, partnership, association, joint stock company, trust, limited liability company or corporation;

      (5) "Investigative officer" means (A) any officer of the Connecticut state police, (B) the chief inspector or any inspector in the Division of Criminal Justice who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, (C) any municipal police officer who has been duly sworn as a special state police officer under the provisions of section 29-177 and who is currently assigned to the state-wide narcotics task force or the state-wide organized crime investigative task force and is acting under the direct authority of the Connecticut state police, and (D) any attorney authorized by law to prosecute or participate in the prosecution of offenses enumerated in this chapter;

      (6) "Law enforcement officer" means any officer of any organized police department of this state or of the state police of any other state, an official of the Federal Bureau of Investigation, Drug Enforcement Administration or United States Customs Service, or the United States attorney for the district of Connecticut or a person designated by him in writing to receive the contents of any wire communication or evidence derived therefrom;

      (7) "Contents", when used with respect to any wire communication, means and includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication;

      (8) "Panel of judges" or "panel" means any panel or panels of three Superior Court judges specifically designated by the Chief Justice of the Supreme Court from time to time to receive applications for, and to enter orders authorizing, interceptions of wire communications in accordance with the provisions of this chapter;

      (9) "Communication common carrier" means any person engaged as a common carrier for hire in the transmission of communications by wire or radio;

      (10) "Aggrieved person" means a person who was a party to any intercepted wire communication, a person against whom the interception was directed, a person named in any order authorizing an interception, or a person having a property interest in any premises involved in any interception.

      (1971, P.A. 68, S. 1; P.A. 79-179, S. 1; P.A. 82-368, S. 1; P.A. 83-543, S. 1; P.A. 87-229; P.A. 95-79, S. 184, 189.)

      History: P.A. 79-179 replaced single definition for "investigative or law enforcement officer" with a separate definition for each, applying existing definition to investigative officers and adding chief inspectors and inspectors of criminal justice division; P.A. 82-368 expanded the definitions of "investigative office" to include municipal police officers as specified and "law enforcement officer" to include state police of other states and FBI or Drug Enforcement Administration officials; P.A. 83-543 expanded the definition of "law enforcement officer" to include the U.S. attorney for Connecticut or his designee; P.A. 87-229 expanded the definition of "law enforcement officer" to include an official of the United States Customs Service; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.

      Cited. 224 C. 593. Cited. 238 C. 253; Id., 692.

      Cited. 8 CA 673. Cited. 10 CA 347.

      Subdiv. (1):

      "Wire communication" as defined in this section includes the radio wave portion of a cordless telephone conversation. 224 C. 593.

      Subdiv. (2):

      Cited. 171 C. 524.

      Subdiv. (8):

      Cited. 194 C. 447.

      Subdiv. (10):

      Cited. 191 C. 360.


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      Sec. 54-41b. Application for order authorizing interception. The Chief State's Attorney or the state's attorney for the judicial district in which the interception is to be conducted may make application to a panel of judges for an order authorizing the interception of any wire communication by investigative officers having responsibility for the investigation of offenses as to which the application is made when such interception may provide evidence of the commission of offenses involving gambling, bribery, violations of section 53-395, violations of section 21a-277, felonious crimes of violence or felonies involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government.

      (1971, P.A. 68, S. 2; P.A. 78-280, S. 1, 127; P.A. 79-179, S. 2; P.A. 82-368, S. 2; P.A. 83-543, S. 2; P.A. 02-97, S. 13.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 79-179 deleted reference to law enforcement officers; P.A. 82-368 added bribery and violations of Sec. 53-395 ("CORA") as crimes for which an application can be made for an interception; P.A. 83-543 authorized the chief state's attorney to make application for interception order; P.A. 02-97 added felonies involving the unlawful use or threatened use of physical force or violence committed with the intent to intimidate or coerce the civilian population or a unit of government as crimes for which an application may be made for an interception.

      Cited. 171 C. 524. Cited. 176 C. 17. Application defective for failure of state's attorney to make formal oath or affirmation. 180 C. 345. Cited. 191 C. 360. Cited. 194 C. 447. Cited. 199 C. 591. Cited. 212 C. 485. Cited. 223 C. 906. Cited. 224 C. 322. Cited. 234 C. 539. Cited. 238 C. 692.

      Cited. 7 CA 660. Cited. 8 CA 673. Cited. 27 CA 596. Cited. 44 CA 249.


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      Sec. 54-41c. Information in application. Each application for an order authorizing the interception of a wire communication shall be made in writing upon oath or affirmation to a panel of judges. Each application shall include the following information: (1) The identity of the applicant and his authority to make such application; (2) the identity and qualifications of the investigative officers or agency for whom the authority to intercept a wire communication is sought; (3) the identity and qualifications of the investigative or law enforcement officers to whom disclosure of the contents of any intercepted wire communication or evidence derived therefrom might be made; (4) a statement of the use to which the contents of any intercepted wire communication or any evidence derived therefrom will be put; (5) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his reasonable belief that the wire communication of a particularly described person will constitute evidence of a crime enumerated in section 54-41b that has been or is being committed or that such communication will materially aid in the apprehension of the perpetrator of such crime and that an order should be issued, including (A) details as to the particular offense that has been or is being 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, (D) the identity of the person, if known, who has committed or is committing the offense and whose communications are to be intercepted, (E) the time and date when the facts and circumstances relied upon by the applicant were first received by him or by the investigative or law enforcement officer conducting the investigation, whichever is earlier, (F) the way in which the intercepted wire communication will constitute material evidence of the particularly described offense or will materially aid in the apprehension of the perpetrator of such offense, (G) the hours of the day or night during which wire communication may be reasonably expected to occur; (6) a full and complete statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ; (7) a statement of the period of time for which the interception is required to be maintained. No order authorizing or approving the interception of a wire communication shall be issued if the facts and circumstances relied upon by the applicant were discovered more than twenty days next preceding the date of the application. 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; (8) a full and complete statement of the facts concerning all previous applications known to the individual making the application, made to any panel of judges, for authorization to intercept, or for approval of interceptions of, wire communications involving any of the same persons, facilities or places specified in the application, and the action taken by the panel on each such application; (9) a statement that the wire communications sought are material to a particularly described investigation or prosecution and that such communications are not legally privileged; (10) if it is reasonably necessary to make a secret entry upon a private place or premises in order to install an intercepting device to effectuate the interception, a statement to that effect and to the effect that no practicable alternative method of executing the order which will preserve the secrecy of its execution exists; (11) 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 such results; (12) where the application is for an order authorizing interception in excess of thirty-five orders previously issued by all panels in a calendar year, a statement setting forth the nature of the emergency situation which may result in imminent peril to the public health, safety or welfare, and the nature of that imminent peril, which requires the issuance of an additional interception order. The state's attorney shall inform the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure of the nature of the emergency situation which may result in imminent peril to the public health, safety or welfare, and the nature of that imminent peril; (13) such additional testimony or documentary evidence in support of fact in the application as the panel of judges may require. Allegations of fact in the application may be based either upon the personal knowledge of the applicant or upon information and belief. If the applicant personally knows the facts alleged, it must be so stated. If the facts establishing such probable cause are derived in whole or part from the statements of persons other than the applicant, the sources of such information and belief shall be either disclosed or described, and the application shall contain facts establishing the existence and reliability of the informant, or the reliability of the information supplied by him. The application shall also state the basis of the informant's knowledge or belief. If the applicant's information and belief are derived from tangible evidence or recorded oral evidence, a copy or detailed description thereof shall be annexed to or included in the application. Affidavits of persons other than the applicant may be submitted in conjunction with the application if they tend to support any fact or conclusion alleged therein. Such accompanying affidavits may be based either on personal knowledge of the affiant, or information and belief with the source thereof and reason therefor specified.

      (1971, P.A. 68, S. 3; P.A. 79-179, S. 3; P.A. 82-368, S. 3.)

      History: P.A. 79-179 removed reference to law enforcement officers in Subdiv. (2); P.A. 82-368 changed the time limit on reliable information from 15 to 20 days and included the provision dealing with application for the thirty-sixth and subsequent emergency orders as new Subdiv. (12), renumbering accordingly.

      Read with section 54-41b oath or affirmation required can only be that of the state's attorney applicant; acknowledgment is insufficient. 176 C. 17. Application defective for failure of state's attorney to make formal oath or affirmation. 180 C. 345. Cited. 191 C. 360. Cited. 194 C. 447. Cited. 199 C. 591. Cited. 238 C. 692.

      Cited. 5 CA 207. Cited. 7 CA 660. Cited. 17 CA 587.

      Subdiv. (6):

      Cited. 9 CA 182.

      Subdiv. (8):

      Statute requires disclosure of prior applications to intercept the conversations of a particular person, not prior interceptions of conversations to which that person was a party. 180 C. 345. Cited. 224 C. 593.

      Cited. 3 CA 477.


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      Sec. 54-41d. Issuance of order. Upon such application the panel of judges, by unanimous vote, may enter an ex parte order authorizing the interception of wire communications within the state of Connecticut, if the panel determines on the basis of the facts submitted by the applicant that there is probable cause to believe that: (1) An individual has committed or is committing an offense enumerated in section 54-41b; (2) particular communications will constitute material evidence that an offense enumerated in section 54-41b has been committed or is being committed or will materially aid in the apprehension of the perpetrator of such offense; (3) such communications are not otherwise privileged; (4) other normal investigative procedures with respect to the offense have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous to employ; (5) the facilities from which, or the place where, the wire 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 individual; (6) such facilities or places are not those described in section 54-41h; (7) if the facilities from which a wire communication is to be intercepted are public, a special need exists to intercept wire communications over such facilities; (8) the investigative officers to be authorized to intercept the wire communication are qualified by training and experience to execute the interception sought; (9) not more than thirty-four orders authorizing interception have been previously issued by all panels in the calendar year in which the application is made, except that upon a showing of an emergency situation in which the commission of an offense enumerated in section 54-41b may result in imminent peril to public health, safety or welfare, such panel may issue additional orders authorizing interception.

      (1971, P.A. 68, S. 4; P.A. 79-179, S. 4; P.A. 82-368, S. 4; P.A. 83-295, S. 11.)

      History: P.A. 79-179 removed reference to law enforcement officers in Subdiv. (8); P.A. 82-368 included a provision dealing with the issuance of emergency orders involving danger to public health, safety or welfare; P.A. 83-295 amended Subdiv. (9) by replacing "a violation of" with "the commission of an offense enumerated in".

      Cited. 176 C. 17. Cited. 191 C. 360. Cited. 194 C. 447; Id., 589. Cited. 199 C. 591. Cited. 206 C. 90. Cited. 212 C. 485. Cited. 224 C. 29; Id., 593. Cited. 238 C. 253; Id., 692.

      Cited. 3 CA 477. Cited. 5 CA 207; Id., 634. Cited. 7 CA 660. Cited. 8 CA 673. Cited. 16 CA 245. Cited. 33 CA 409. Cited. 44 CA 249.

      Subdiv. (7):

      Cited. 210 C. 804; Id., 805. Requirement of finding of special need fully satisfied despite absence of written statement. 212 C. 485.


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      Sec. 54-41e. Statement by panel on issuance of order. Contents of order. Each order authorizing the interception of any wire communication shall be accompanied by a written statement of the panel setting forth in detail its determination made in accordance with the provisions of section 54-41d and the grounds therefor and shall specify: (1) The identity of the person, if known, whose communications are to be intercepted; (2) the nature and location of the communication facilities as to which or the place where authority to intercept is granted; (3) a 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 investigative officers authorized to intercept such wire communications; (5) the identity of the investigative or law enforcement officers to whom disclosure of the contents of any intercepted wire communication or any evidence derived therefrom may be made; (6) the use to which the contents of any intercepted wire communication or any evidence derived therefrom may be put; (7) the identity of the person making the application and his authority; (8) the identity of the panel and its authority to issue an order; (9) the period of time during which such interception is authorized, including a statement that the interception shall automatically terminate when the desired communication has been first obtained; (10) express authorization to make secret entry onto private premises to install any device, provided no such secret entry shall be authorized if there exists a practicable alternative method of executing the order which will preserve the secrecy of its execution; (11) the date of issuance of the order and its effective date. 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 in accordance with the provisions of this chapter, and shall terminate upon attainment of the authorized objective, or in any event within fifteen days next succeeding the date of issuance of such order. An order authorizing the interception of a wire communication shall, upon 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 the prevailing rates.

      (1971, P.A. 68, S. 5; P.A. 79-179, S. 5; P.A. 82-368, S. 5; P.A. 99-215, S. 10.)

      History: P.A. 79-179 removed reference to law enforcement officers in Subdiv. (4); P.A. 82-368 increased from 10 to 15 days the maximum duration of an order authorizing the interception of a wire communication; P.A. 99-215 deleted "issuing" before "panel".

      Cited. 176 C. 17. The remedy of total suppression considered entirely appropriate when execution of wire tap in complete disregard of minimization occurred. Minimization requirement discussed. 191 C. 360. Cited. Id., 360. Cited. 210 C. 804; Id., 805. Cited. 212 C. 485. Cited. 224 C. 593. Cited. 238 C. 692.

      Cited. 5 CA 207; Id., 634. Cited. 8 CA 673. Cited. 9 CA 182. Cited. 16 CA 245.


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      Sec. 54-41f. Execution of order; progress reports. Any order entered in accordance with the provisions of this chapter may be executed pursuant to its terms only by the investigative officers expressly authorized therein. The order may be executed according to its terms only during the hours specified therein, and for the period authorized or part thereof. No order may authorize the interception of any wire communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than fifteen days. Whenever an order authorizing an interception is entered in accordance with the provisions of this chapter, the order may require reports to be made to the panel 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 such panel may require.

      (1971, P.A. 68, S. 6; P.A. 79-179, S. 6; P.A. 82-368, S. 6; P.A. 99-215, S. 11.)

      History: P.A. 79-179 removed reference to power of law enforcement officers to execute orders; P.A. 82-368 increased from 10 to 15 days the maximum duration of an interception; P.A. 99-215 deleted "which issued the order" after "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41g. Extensions of order. No more than three extensions of an order may be granted by the panel and only upon application for an extension made in accordance with the provisions of section 54-41c, which shall, in addition, contain the results of the interceptions conducted thus far, and findings by the panel as required by the provisions of section 54-41d. The period of any extension shall be no longer than the panel deems necessary to achieve the purposes for which it was granted and in no event longer than fifteen days.

      (1971, P.A. 68, S. 7; P.A. 82-368, S. 7; P.A. 99-215, S. 12.)

      History: P.A. 82-368 increased from 10 to 15 days the maximum period of an extension; P.A. 99-215 deleted "issuing" before "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41h. Privileged wire communications; issuance of order and interception prohibited. If the facilities from which, or the place where, the wire 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 physician, an attorney-at-law or a practicing clergyman, no order shall be issued and no wire communications shall be intercepted over such facilities or in such places. No otherwise privileged wire communications intercepted in accordance with, or in violation of, the provisions of this chapter shall lose their privileged character, nor shall any evidence derived therefrom be used for any purpose.

      (1971, P.A. 68, S. 8.)

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41i. Recording of interception; sealing, custody and destruction. The contents of any wire communication intercepted 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 communication in accordance with the provisions of this section shall be done in such manner as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the panel and sealed under its directions and custody of such recordings shall be wherever the panel so directs. They shall not be destroyed except upon an order of the panel and, if not so destroyed, they shall be kept for ten years. Duplicate recordings may be made by the applicant for his use or for disclosure pursuant to the provisions of section 54-41p for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire communication or evidence derived therefrom under the provisions of section 54-41p.

      (1971, P.A. 68, S. 9; P.A. 99-215, S. 13.)

      History: P.A. 99-215 deleted "issuing such order" after "panel" and "issuing or denying" before "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

      Cited. 8 CA 673. Cited. 16 CA 245.


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      Sec. 54-41j. Sealing, custody, storage and destruction of applications and orders. Applications made and orders granted in accordance with the provisions of this chapter shall be sealed by the panel and transferred to the custody of the Chief Court Administrator. Except as otherwise provided, such applications and orders shall be disclosed only upon a showing of good cause to the Chief Court Administrator. Applications and orders shall be stored in a secure place which shall be designated by the Chief Court Administrator to which access shall be denied to all persons except the Chief Court Administrator or such court officers or administrative personnel as he shall designate. Applications and orders shall not be destroyed except upon order of the Chief Court Administrator and if not so destroyed they shall be kept for ten years. Any person who violates any of the provisions of this section may be punished in accordance with the provisions of section 51-33.

      (1971, P.A. 68, S. 10; P.A. 76-436, S. 10a, 533, 681; P.A. 99-215, S. 14.)

      History: P.A. 76-436 made no changes, Sec. 10a of the act cancelling amendments called for in Sec. 533; P.A. 99-215 deleted "issuing or denying" before "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41k. Service of notice of interception; inspection of intercepted communications, applications and orders; postponement of service. Within a reasonable time but not later than ninety days next succeeding the termination of the period of an order or extensions thereof, the panel may cause to be served on the persons named in the order or the application, and shall cause to be served on persons not named in the order or application whose communications were intercepted, an inventory which shall include notice of the fact of the entry of the order or the application; the date of the entry and the period of authorized interception, or the denial of the application; and the fact that during the period wire communications were or were not intercepted. The panel shall make available to such person or his counsel for inspection the intercepted communications, applications and orders immediately upon the filing of a motion requesting such information. On an ex parte showing of good cause approved unanimously by the panel the serving of the inventory required by this section may be postponed for a period not to exceed sixty days. Not more than one such postponement shall be authorized and under no circumstances shall the serving of the inventory required by this section be made later than one hundred fifty days after the termination of the period of an order or extensions thereof.

      (1971, P.A. 68, S. 11; P.A. 82-368, S. 8; P.A. 99-215, S. 15.)

      History: P.A. 82-368 gave the panel discretion in ordering the service of an inventory, included persons not named in the order whose communications were intercepted as entitled to any such inventory and extended from 90 to 150 days the maximum period of postponement of such inventory; P.A. 99-215 deleted "issuing or denying" before "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 224 C. 593. Cited. 238 C. 692.

      Strict compliance with provisions of statute is mandatory. 3 CA 477. Cited. 10 CA 347. Service of inventory requirement discussed. 14 CA 605. Cited. 16 CA 245.

      Delivery of document to defendant's attorney deemed adequate service, when. 30 CS 302.


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      Sec. 54-41l. Intercepted communication admissible as evidence, when. The contents of any intercepted wire communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in a court of this state unless each aggrieved person, not less than thirty days before such trial, hearing or proceeding, has been served with a copy of the court order, and accompanying application, under which the interception was authorized.

      (1971, P.A. 68, S. 12.)

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 253; Id., 692.

      Notice not required prior to issuance of bench warrant. 30 CS 302.


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      Sec. 54-41m. Motion to suppress. Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state of Connecticut, or of a political subdivision thereof, may move to suppress the contents of any intercepted wire communication, or evidence derived therefrom, on the grounds that the communication was unlawfully intercepted under the provisions of this chapter; the order of authorization or approval under which it was intercepted is insufficient on its face; or 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, in which case such motion may be made at any time during the course of such trial, hearing or proceeding. If the motion is granted, the contents of the intercepted wire communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter and shall not be received in evidence in any such trial, hearing or proceeding. The panel, upon the filing of such motion by the aggrieved person, shall make available to the aggrieved person or his counsel for inspection the intercepted communication and evidence derived therefrom.

      (1971, P.A. 68, S. 13.)

      Cited. 176 C. 17. Motion to suppress upheld since state's attorney failed to make formal oath or affirmation in connection with application. 180 C. 345. Cited. 191 C. 360. Cited. 194 C. 447. Cited. 199 C. 591. Cited. 212 C. 485. Cited. 224 C. 593. Cited. 238 C. 692.

      Cited. 3 CA 477. Cited. 5 CA 634. Cited. 7 CA 660. Cited. 10 CA 347. Cited. 14 CA 605. Cited. 27 CA 596. Cited. 44 CA 249.

      Cited. 30 CS 302.


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      Sec. 54-41n. Report by panel to Chief Court Administrator. In addition to any reports required by federal law, within thirty days next succeeding the expiration of an order or an extension thereof, or the denial of an application, the panel shall report to the Chief Court Administrator the fact that an order or extension was applied for; the fact that the order or extension was granted as applied for, was modified or was denied; the period of interceptions authorized by the order, and the number and duration of any extensions of the order; the offense or offenses specified in the order or application, or extension of an order; the identity of the person making the application and the nature of the facilities from which or the place where communications were to be intercepted.

      (1971, P.A. 68, S. 14; P.A. 76-436, S. 10a, 534, 681; P.A. 99-215, S. 16.)

      History: P.A. 76-436 made no change, Sec. 10a of the act cancelling amendment called for in Sec. 534; P.A. 99-215 deleted "issuing or denying" before "panel".

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41o. Reports by state's attorneys. (a) In January of each year each state's attorney shall report to the administrative office of the United States courts and to the Chief Court Administrator, who shall in turn report to the Governor and the General Assembly, the information required by this section with respect to each application for an order or extension made during the preceding calendar year; a general description of the interception made under such order or extension, including (1) the approximate nature and frequency of incriminating communications intercepted, (2) the approximate nature and frequency of other communications intercepted, (3) the approximate number of persons whose communications were intercepted, and (4) the approximate nature, amount and cost of the manpower and other resources used in the interceptions; the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made; the number of trials resulting from such interceptions; the number of motions to suppress made with respect to such interceptions, and the number granted or denied; the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and the information required by this section with respect to orders or extensions obtained in the calendar year next preceding.

      (b) In January of each year, the Chief State's Attorney shall make a report to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure, based upon reports filed with him by each state's attorney covering the prior calendar year. The Chief State's Attorney's report shall include the following information: (1) The number of orders authorizing an interception, and the number of extensions thereof; (2) the number of additional orders granted based upon an emergency situation, and the nature of the emergency; (3) the nature of the particular offense to which each order was directed; (4) a general description of the interception made under each order or extension, including (A) the nature and frequency of incriminating communications intercepted, (B) the nature and frequency of other communications intercepted, (C) the number of persons whose communications were intercepted, and (D) the nature, amount and cost of the manpower and other resources used in the interceptions; (5) the number of arrests resulting from interceptions made under each order or extension, and the offenses for which such arrests were made; (6) the number of trials resulting from such interceptions; (7) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; (8) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and (9) the number of persons who were not named in an order or application for the interception of wire communications and whose communications were intercepted.

      (1971, P.A. 68, S. 15; P.A. 76-436, S. 10a, 535, 681; P.A. 79-631, S. 34, 111; P.A. 82-368, S. 9; P.A. 83-587, S. 66, 96.)

      History: P.A. 76-436 made no changes, Sec. 10a of the act cancelling amendment called for in Sec. 535; P.A. 79-631 deleted requirement that chief court administrator report to the judicial council; P.A. 82-368 added Subsec. (b) dealing with the report by the chief state's attorney to the joint standing committee of the general assembly having cognizance of matters relating to criminal law and procedure; P.A. 83-587 made a technical amendment to Subsec. (b).

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 238 C. 692.

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      Sec. 54-41p. Disclosure of contents of wire communication. Unauthorized disclosure: Class D felony. (a) Any investigative officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire communication, or evidence derived therefrom, may, if specially authorized by the order authorizing the interception of such communication, disclose such contents to any investigative or law enforcement officer designated in such order to the extent that such disclosure is appropriate to the conduct of the investigation specified in the application for such order.

      (b) Any person who has received, by any means authorized by this chapter, any information concerning a wire communication, or evidence derived therefrom, intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence insofar as it relates to the crimes set forth in section 54-41b while giving testimony under oath or affirmation in any criminal proceeding before any court or grand jury.

      (c) If an investigative officer, while engaged in the interception of wire communications in accordance with the provisions of this chapter, intercepts wire communications relating to any crime not specified in the order authorizing such interception, the contents of such intercepted communications and evidence derived therefrom may be disclosed as otherwise provided in subsection (a) of this section.

      (d) Any investigative officer who discloses the contents of any intercepted wire communication or evidence derived therefrom (1) to any person not authorized to receive such information or (2) in a manner otherwise than authorized by the provisions of this chapter shall be guilty of a class D felony.

      (1971, P.A. 68, S. 16; P.A. 79-179, S. 7; P.A. 82-368, S. 10; P.A. 05-288, S. 184.)

      History: P.A. 79-179 removed law enforcement officers' power to disclose contents of wire communication to an investigative officer or to another law enforcement officer; P.A. 82-368 designated previous provisions as Subsecs. (a) and (b) and added Subsecs. (c) and (d) re interception of communications unrelated to crimes specified in the order and re consideration of unauthorized disclosure as a class D felony; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 224 C. 593. Cited. 238 C. 692.

      Subsec. (b):

      Cited. 223 C. 906. Cited. 224 C. 322.

      Cited. 27 CA 596.


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      Sec. 54-41q. Authority of communication common carrier to intercept, disclose or use wire communication. (a) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee or agent of any communication common carrier whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, provided such communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

      (b) It shall not be unlawful under this chapter for an officer, employee or agent of any communications common carrier to provide information or facilities to an investigative officer who, pursuant to this chapter, is authorized to intercept a wire communication.

      (1971, P.A. 68, S. 17; P.A. 79-179, S. 8.)

      History: P.A. 79-179 authorized officer, employee or agent of communications common carrier to provide information or facilities to investigative officers rather than to law enforcement officers in Subsec. (b).

      Cited. 191 C. 360. Cited. 212 C. 485.

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      Sec. 54-41r. Remedies of party intercepted; defense. Any person whose wire communication is intercepted, disclosed or used in violation of this chapter or of sections 53a-187 to 53a-189, inclusive, shall (1) have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use, such communication, and (2) be entitled to recover from any such person actual damages but not less than liquidated damages computed at the rate of one hundred dollars per day for each day of violation or one thousand dollars, whichever is higher; punitive damages; and a reasonable attorney's fee and other litigation costs reasonably incurred. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action brought in accordance with the provisions of this chapter or any other law.

      (1971, P.A. 68, S. 18.)

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 224 C. 593.

      Cited. 3 CA 477. Cited. 14 CA 605.

      Cited. 30 CS 302.


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      Sec. 54-41s. Illegal possession, sale, distribution of equipment: Class D felony. A person is guilty of the illegal possession, sale or distribution of electronic surveillance equipment when he possesses, sells or distributes an electronic, mechanical or other device, as defined in section 54-41a for use in violation of section 53a-188 or 53a-189. The illegal possession, sale or distribution of electronic surveillance equipment is a class D felony.

      (P.A. 73-639, S. 22.)

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 224 C. 593.

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      Sec. 54-41t. Unauthorized or illegal interception: Class C felony. Any investigative officer who intercepts the wire communications of any person in violation of the provisions of this chapter shall be guilty of a class C felony.

      (P.A. 82-368, S. 11.)

      Cited. 191 C. 360. Cited. 212 C. 485. Cited. 224 C. 593. Cited. 238 C. 692.

      Cited. 16 CA 245.


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      Sec. 54-41u. Admissibility of intercepted wire communication obtained pursuant to federal law. Nothing in this chapter shall preclude the receipt in evidence in a court of this state of any intercepted wire communication obtained in conformity with 18 USC 2510 et seq.

      (P.A. 02-97, S. 14.)

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