77-23a-2. Legislative findings.
The Legislature finds and determines that:
(1) Wire communications are normally conducted through facilities which form part of an
interstate network. The same facilities are used for interstate and intrastate communications.
(2) In order to protect effectively the privacy of wire and oral communications, to protect
the integrity of court and administrative proceedings, and to prevent the obstruction of intrastate
commerce, it is necessary for the legislature to define the circumstances and conditions under
which the interception of wire and oral communications may be authorized and to prohibit any
unauthorized interception of these communications and the use of the contents thereof in evidence
in courts and administrative proceedings.
(3) Organized criminals make extensive use of wire and oral communications in their
criminal activities. The interception of such communications to obtain evidence of the
commission of crimes or to prevent their commission is an indispensable aid to law enforcement
and the administration of justice.
(4) To safeguard the privacy of innocent persons, the interception of wire or oral
communications when none of the parties to the communication has consented to the interception
should be allowed only when authorized by a court of competent jurisdiction and should remain
under the control and supervision of the authorizing court. Interception of wire and oral
communications should further be limited to certain major types of offenses and specific
categories of crime with assurance that the interception is justified and that the information
obtained thereby will not be misused.
Enacted by Chapter 15, 1980 General Session
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Last revised: Wednesday, October 08, 2008