§ 808b-5

808B.5 Application and order. 1. An application for an order authorizing or approving the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a court andshall state the applicant’s authority to make the application. An application shall include thefollowing information: a. The identity of the special state agent requesting the application, the supervisory officer reviewing and approving the request, and the approval of the administrator of a division ofthe department of public safety under whose command the special state agent making theapplication is operating or the administrator’s designee. b. A full and complete statement of the facts and circumstances relied upon by the applicant to justify the belief that an order should be issued, including details as to theparticular offense that has been, is being, or is about to be committed, a particular descriptionof the nature and location of the facilities from which or the place where the communicationis to be intercepted, a particular description of the type of communications sought to beintercepted, and the identity of the person, if known, committing the offense and

place where the communicationis to be intercepted, a particular description of the type of communications sought to beintercepted, and the identity of the person, if known, committing the offense and whosecommunications are to be intercepted. c. A full and complete statement as to whether other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be toodangerous. d. A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interceptionshould not automatically terminate when the described type of communication has beenfirst obtained, a particular description of facts establishing probable cause to believe thatadditional communications of the same type will subsequently occur. e. A full and complete statement of the facts concerning all previous applications known to the individuals authorizing and making the application, made to any court for authorizationto intercept, or for approval of interceptions of, wire, oral, or electronic communicationsinvolving any of the same persons, facilities, or places specified

ation, made to any court for authorizationto intercept, or for approval of interceptions of, wire, oral, or electronic communicationsinvolving any of the same persons, facilities, or places specified in the application, and theaction taken by the court on those applications. f. If 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 obtainresults. 2. The court may require the applicant to furnish additional testimony or documentary evidence in support of the application. 3. Upon application the court may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral, or electronic communications within the territorialjurisdiction of the court, if the court finds on the basis of the facts submitted by the applicantall of the following: a. There is probable cause for belief that an individual is committing, has committed, or is about to commit a felony offense involving dealing in controlled substances, as defined insection 124.101, subsection 5. b.

ble cause for belief that an individual is committing, has committed, or is about to commit a felony offense involving dealing in controlled substances, as defined insection 124.101, subsection 5. b. There is probable cause for belief that particular communications concerning the offense will be obtained through the interception. c. Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous. d. There is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are aboutto be used, in connection with the commission of the offense, or are leased to, listed in thename of, or commonly used by the person whose communications are to be intercepted. 4. Each order authorizing the interception of a wire, oral, or electronic communication shall specify all of the following: a. The identity of the person, if known, whose communications are to be intercepted.b. The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted.

ity of the person, if known, whose communications are to be intercepted.b. The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted. Sat Dec 23 12:34:07 2023 Iowa Code 2024, Section 808B.5 (19, 0) §808B.5, INTERCEPTION OF COMMUNICATIONS 2 c. A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which the communication relates. d. The identity of the agency authorized to intercept the communications, and of the person requesting the application. e. The period of time during which interception is authorized, including a statement as to whether the interception shall automatically terminate when the described communicationhas been first obtained. 5. Each order authorizing the interception of a wire, oral, or electronic communication shall, upon request of the applicant, direct that a communications common carrier, landlord,custodian, or other person shall furnish to the applicant all information, facilities, andtechnical assistance necessary to accomplish the interception inconspicuously and with aminimum of interference with the services that the

all furnish to the applicant all information, facilities, andtechnical assistance necessary to accomplish the interception inconspicuously and with aminimum of interference with the services that the carrier, landlord, custodian, or personis giving to the person whose communications are to be intercepted. Any communicationscommon carrier, landlord, custodian, or other person furnishing facilities or technicalassistance shall be compensated by the applicant at the prevailing rates. 6. An order entered under this section shall not authorize the interception of a wire, oral, or electronic communication for a period longer than is necessary to achieve the objectiveof the authorized interception, or in any event longer than thirty days. The thirty-day periodshall commence on the date specified in the order upon which the commencement of theinterception is authorized or ten days after the order is entered, whichever is earlier. Anextension of an order may be granted, but only upon application for an extension made inaccordance with subsection 1 and the court making the findings required by subsection 3.

hichever is earlier. Anextension of an order may be granted, but only upon application for an extension made inaccordance with subsection 1 and the court making the findings required by subsection 3. Theperiod of extension shall be no longer than the authorizing court deems necessary to achievethe purposes for which it was granted and in no event longer than thirty days. Every orderand its extension shall contain a provision that the authorization to intercept shall be executedas soon as practicable, shall be conducted in such a way as to minimize the interception ofcommunications not otherwise subject to interception under this section and sections 808B.1through 808B.4, 808B.6, and 808B.7, and shall terminate upon attainment of the authorizedobjective, or in any event in thirty days. 7. If an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the court which issued the order showing what progresshas been made toward achievement of the authorized objective and the need for continuedinterception. The reports shall be made at intervals as the court requires. 8. a.

the order showing what progresshas been made toward achievement of the authorized objective and the need for continuedinterception. The reports shall be made at intervals as the court requires. 8. a. The contents of a wire, oral, or electronic communication intercepted by a means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparabledevice. The recording of the contents of a wire, oral, or electronic communication underthis subsection shall be done in a way which will protect the recording from editing or otheralterations. Immediately upon the expiration of the period of the order, or extensions of it,the recordings shall be made available to the court issuing the order and shall be sealed underthe court’s directions. Custody of the recordings shall be in accordance with the court order.Recordings shall be kept for five years and shall then be destroyed unless it is necessary tokeep the recordings due to a continued legal process or court order, but the recordings shallnot be kept for longer than ten years. Duplicate recordings may be made for disclosure oruse pursuant to section 808B.4, subsections 1 and 2.

ued legal process or court order, but the recordings shallnot be kept for longer than ten years. Duplicate recordings may be made for disclosure oruse pursuant to section 808B.4, subsections 1 and 2. The presence of a seal, or a satisfactoryexplanation for its absence, is a prerequisite for the disclosure or use of the contents of a wire,oral, or electronic communication or evidence derived from a communication under section808B.4, subsection 3. b. Applications made and orders granted under this chapter shall be sealed by the court. Custody of the applications and orders shall be in accordance with the directives of the court.The applications and orders shall be disclosed only upon a showing of good cause before acourt and shall be kept for five years and shall then be destroyed unless it is necessary to keepthe applications or orders due to a continued legal process or court order, but the applicationsand orders shall not be kept for longer than ten years. c. A violation of this subsection may be punished as contempt of court.9. a. Within a reasonable time, but not longer than ninety days, after the termination of Sat Dec 23 12:34:07 2023 Iowa Code 2024, Section 808B.5 (19, 0)

bsection may be punished as contempt of court.9. a. Within a reasonable time, but not longer than ninety days, after the termination of Sat Dec 23 12:34:07 2023 Iowa Code 2024, Section 808B.5 (19, 0) the period of an order or its extensions, the court shall cause a notice to be served on allpersons named in the order or the application which includes the following: (1) The names of other parties to intercepted communications if the court determines disclosure of the names to be in the interest of justice. (2) An inventory which shall include all of the following:(a) The date of the application.(b) The date of the entry of the court order and the period of authorized, approved, or disapproved interception, or the denial of the application. (c) Whether, during the period, wire, oral, or electronic communications were or were not intercepted. b. The court, upon the filing of a motion by a person whose communications were intercepted, shall make available to the person or the person’s attorney for inspection theintercepted communications, applications, and orders. On an ex parte showing of goodcause to a court, the service of the inventory required by this subsection may be postponed.

rney for inspection theintercepted communications, applications, and orders. On an ex parte showing of goodcause to a court, the service of the inventory required by this subsection may be postponed. 10. The contents of an intercepted wire, oral, or electronic communication or evidence derived from the wire, oral, or electronic communication shall not be received in evidence orotherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unlesseach party, not less than ten days before the trial, hearing, or proceeding, has been furnishedwith a copy of the court order, and accompanying application, under which the interceptionwas authorized. This ten-day period may be waived by the court if it finds that it was notpossible to furnish the party with the above information ten days before the trial, hearing, orproceeding and that the party will not be prejudiced by the delay in receiving the information.If the ten-day period is waived by the court, the court may grant a continuance or enter suchother order as it deems just under the circumstances. 11. An aggrieved person in a trial, hearing, or proceeding in or before any court, department, officer, agency,

grant a continuance or enter suchother order as it deems just under the circumstances. 11. An aggrieved person in a trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of this state, may moveto suppress the contents of an intercepted wire, oral, or electronic communication, orevidence derived from the wire, oral, or electronic communication, on the grounds that thecommunication was unlawfully intercepted, the order of authorization under which it wasintercepted was insufficient on its face, or the interception was not made in conformitywith the order of authorization. The motion shall be made before the trial, hearing, orproceeding unless there was no opportunity to make the motion or the person was not awareof the grounds of the motion. If the motion is granted, the contents of the intercepted wire,oral, or electronic communication, or evidence derived from the wire, oral, or electroniccommunication, shall be treated as having been obtained in violation of this chapter. 12. A special state agent may make application to a judicial officer for the issuance of a search warrant to authorize the placement, tracking,

d as having been obtained in violation of this chapter. 12. A special state agent may make application to a judicial officer for the issuance of a search warrant to authorize the placement, tracking, or monitoring of a global positioningdevice, supported by a peace officer’s oath or affirmation, which includes facts, information,and circumstances tending to establish sufficient grounds for granting the special stateagent’s application, and probable cause for believing the grounds exist. Upon a finding ofprobable cause to issue such a warrant, the judicial officer shall issue a warrant, signed bythe judicial officer with the judicial officer’s name of office, directed to any peace officer,commanding that the peace officer place, track, or monitor the global positioning device. 13. Upon the request of an investigative or law enforcement officer, a judge may issue a subpoena or other court order in order to obtain information and supporting documentationregarding contemporaneous or prospective wire or electronic communications based upon afinding that a prosecuting attorney is engaged in a criminal investigation of an offense listedin section 808B.3. 14.

ding contemporaneous or prospective wire or electronic communications based upon afinding that a prosecuting attorney is engaged in a criminal investigation of an offense listedin section 808B.3. 14. Notwithstanding any other provision of law, upon the request of an investigative or law enforcement officer, a judge may authorize the capture of a wire or oral communicationby a pen register or trap and trace device, if a judge finds that there is probable cause tobelieve that a wire or oral communication relevant to a valid search warrant will occur at anypoint while the warrant is in effect. 15. An appeal by the attorney general from an order granting a motion to suppress or Sat Dec 23 12:34:07 2023 Iowa Code 2024, Section 808B.5 (19, 0) §808B.5, INTERCEPTION OF COMMUNICATIONS 4 from the denial of an application for an order of approval shall be pursuant to section 814.5,subsection 2. 89 Acts, ch 225, §26; 99 Acts, ch 78, §12 – 21; 99 Acts, ch 208, §63; 2009 Acts, ch 88, §10 Sat Dec 23 12:34:07 2023 Iowa Code 2024, Section 808B.5 (19, 0)