unless such interception or attempted interception is authorized by both the sender and receiver. 2. This section shall not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is for the purpose of construction, maintenance, conduct or operation of the service or facilities of such person. 200.630 Disclosure of contents, substance of wire, radio communications prohibited; exceptions. 1. Except as otherwise provided in NRS 200.660 to 200.680, inclusive, no person shall disclose the existence, contents, substance purport, effect or meaning of any wire or radio communication to any person unless authorized to do so by either the sender or receiver. 2. This section shall not apply to any person, or the officers, employees or agents of any person, engaged in furnishing service or facilities for such communication where such disclosure is made: (a) For the purpose of construction, maintenance, conduct or operation of the service or facilities of such person; or (b) To the intended receiver, his agent or attorney; or (c) In response to a subpena issued by a court of competent jurisdication; or (d) On written demand of other lawful authority. 200.640 Unauthorized connection with facilities prohibited. Except as otherwise provided in NRS 200.260 to 200.680, inclusive, no person shall make any connection, either physically or by induction, with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for such communication unless such connection is also authorized by the person providing such service and facilities. 200.650 Unauthorized, surreptitious intrusion of privacy by listening device prohibited. Except as otherwise provided in NRS 200.660 to 200.680, inclusive, no person shall intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by such other persons, or disclose the existence, contents, substance, purport, effect or meaning of any such conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation. 200.660 Court order for interception; Contents of application; effective period; renewals. 1. An ex parte order for the interception of wire or radio communications or private conversations may be issued by the judge of a district court or of the supreme court upon application of a district attorney or of the attorney general setting forth fully the facts and circumstances upon which the application is based and stating that: (a) There are reasonable grounds to believe that the crime of murder, kidnaping, extortion, bribery or crime endangering the national defense or a violation of the Uniform Narcotic Drug Act has been committed or is about to be committed; and (b) There are reasonable grounds to believe that evidence will be obtained essential to the solution of such crime or which may enable the prevention of such crime; and (c) No other means are readily available for obtaining such evidence. 2. Where statements in the application are solely upon the information or belief of the applicant, the precise source of the information and the grounds for the belief must be given. 3. The applicant must state whether any prior application has been made to intercept private conversations or wire or radio communications on the same communication facilities or of, from or to the same person, and, if such prior application exists, the applicant shall disclose the current status thereof. 4. The application and any order issued under this section shall identify fully the particular communication facilities on which the applicant proposes to make the interception and the purpose of such interception. 5. The court may examine, upon oath or affirmation, the applicant and any witness the applicant desires to produce or the court requires to be produced. 6. Order issued under this section shall not be effective for a period longer than 60 days, after which period the court which issued the order may, upon application of the officer who secured the original order, in its discretion, renew or continue the order for an additional period not to exceed 60 days. All further renewals thereafter shall be for a period not to exceed 30 days. 200.670 Application for order, documents, testimony confidential disclosure of information prohibited. 1. During the effective period of any order issued pursuant to NRS 200.660, or any extension thereof, the application for any order under NRS 200.660 and any supporting documents, testimony or proceedings in connection therewith shall remain confidential and in the custody of the court, and such materials shall not be released nor shall any information concerning them be disclosed in any manner except upon written order of the court. 2. No person shall disclose any information obtained by reason of an order issued under NRS 200.660, except for the purpose of obtaining evidence for the solution or prevention of a crime enumerated in NRS 200.660, or for the prosecution of persons accused thereof, unless such information has become a matter of public record in a criminal action as provided in NRS 200.680. 200.680 Admissibility of information in evidence. 1. Any information obtained, either directly or indirectly, as a result of a violation of NRS 200.620, 200.630, 200.640 or 200.650 shall not be admissible as evidence in any action. 2. Any information obtained, either directly or indirectly, pursuant to an effective order issued under NRS 200.660 shall not be admissible in any action except: (a) It shall be admissible in criminal actions involving crimes enumerated in NRS 200.660 in accordance with rules of evidence in criminal cases; and (b) In proceedings before a grand jury involving crimes enumerated in NRS 200.660. (Added to NRS by 1957, 334) 200.690 Penalties. Any person who willfully and knowingly violates NRS 200.620, 200.630, 200.640, 200.650 or 200.670 shall be guilty of a felony. None found. NEW HAMPSHIRE CASES State v. Tracey, 100 N.H. 267, 125 A 2nd 774 NEW JERSEY New Jersey Statutes Annotated 2A:146-1. Tapping telegraph or telephone lines; disclosing messages Any person who willfully and maliciously: (a) Cuts, breaks, taps or makes any connection with a telegraph or telephone line, wire, cable or instrument belonging to any other person or (b) Reads, takes, copies, makes use of, disclosing, publishes or testifies concerning a message, communication or report intended for any other person and passing over any such telegraph or telephone line, wire or cable in this state; or (c) uses any apparatus unlawfully to do any of such acts-Is guilty of a misdemeanor. CASES Morse v. Forbes, 24 N.J. 341, 134 Atl 2nd 1 State v. Vanderhome [1957], 47 N. J. Supp. 483, 136 Atl 2nd 296, 27 N. J. 313, 142 Atl. 2nd 609 State v. Giardina [1958], 27 N.J. 313, 142 Atl 2nd 609 State v. Tamburello, 69 N. J. Supp. 166, 174 Atl 2nd 11 40A-12-1. NEW MEXICO New Mexico Statutes Annotated Interference with communications. communications consists of knowingly: Interference with A. displacing, removing, injuring or destroying any radio station, T. V. tower, antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another, or the material or property appurtenant thereto; B. cutting, breaking, tapping or making any connection with any telegraph or telephone line, wire, cable or instrument belonging to another; C. reading, hearing, interrupting, taking or copying any message, communication or report intended for another by telegraph or telephone without his consent; D. preventing, obstructing or delaying the sending, transmitting, conveying or delivering in this state of any message, communication or report by or through telegraph or telephone; or E. using any apparatus to do or cause to be done any of the acts herein before mentioned or to aid, agree with, comply or conspire with any person to do, or permit or cause to be done any of the acts hereinbefore mentioned. Whoever commits interference with communications is guilty of a misdemeanor. NEW YORK McKinney's Consolidated Laws of New York Annotated CONSTITUTION, ART. I § 12. [Security against unreasonable searches, seizures and Interceptions.] The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be violated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may be thus obtained, and identifying the particular means of communication, and particularly describing the person or persons whose communications are to be intercepted and the purpose thereof. Adopted by Constitutional Convention of 1938; approved by the people Nov. 8. 1938. CODE OF CRIMINAL PROCEDURE § 813-a. Ex parte order for eavesdropping An ex parte order for eavesdropping as defined in subdivisions one and two of section seven hundred thirty-eight of the penal law may be issued by any justice of the supreme court or judge of a county court or of the court of general sessions of the county of New York upon oath or affirmation of a district attorney, or of the attorneygeneral or of an officer above the rank of sergeant of any police department of the state or of any political subdivision thereof, that there is reasonable ground to believe that evidence of crime may be thus obtained, and particularly describing the person or persons whose communications, conversations or discussions are to be overheard or recorded and the purpose thereof, and, in the case of a telegraphic or telephonic communication, identifying the particular telephone number or telegraph line involved. In connection with the issuance of such an order the justice or judge may examine on oath the applicant and any other witnesses he may produce and shall satisfy himself of the existence of reasonable grounds for the granting of such application. Any such order shall be effective for the time specified therein but not for a period of more than two months unless extended or renewed by the justice or judge who signed or issued the original order upon satisfying himself that such extension or renewal is in the public interest. Any such order together with the papers upon which the application was based, shall be delivered to and retained by the applicant as authority for the eavesdropping authorized therein. true copy of such order shall at all times be retained in his possession by the judge or justice issuing the same, and, in the event of the denial of an application for such an order, a true copy of the papers upon which the application was based shall in like manner be retained by the judge or justice denying the same. A § 813-b. Eavesdropping by law enforcement officers without court order under certain circumstances Orders for eavesdropping as set forth in section eight hundred thirteen-a of this code must be obtained before the eavesdropping commences, except as hereinafter in this section provided. A law enforcement officer may eavesdrop as described in subdivision two of section seven hundred thirty-eight of the penal law without a court order obtained pursuant to section eight hundred thirteen-a of this code only when he has reasonable gounds to believe (1) that evidence of crime may be thus obtained, and (2) that in order to obtain such evidence time does not permit an application to be made for such a court order before such eavesdropping must commence. In any such case an application for a court order pursuant to section eight hundred thirteen-a of this code must be made within twenty-four hours after such eavesdropping commenced. In computing said twenty-four hour period legal holidays shall not be considered. The application for such a court order must contain, in addition to the requirements set forth in section eight hundred thirteen-a of this code, the time when such eavesdropping commenced. If such application is granted, the order shall be made effective from the time the eavesdropping commenced. If the application is denied, the eavesdropping must cease immediately. Any violation of this section shall be a felony punishable by imprisonment for not more than two years. § 738. Eavesdropping A person: PENAL CODE 1. Not a sender or receiver of a telephone or telegraph communication who wilfully and by means of instrument overhears or records a telephone or telegraph communication, or who aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof; or 2. Not present during a conversation or discussion who wilfully and by means of instrument overhears or records such conversation or discussion, or who aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion; or 3. Who, not a member of a jury, records or listens to by means of instrument the deliberations of such jury or who aids, authorizes, employs, procures or permits another to so do; is guilty of eavesdropping. § 739. Exemption There shall be exempt from the provisions of this article: 1. eavesdropping pursuant to an ex parte order granted pursuant to section eight hundred thirteen-a of the code of criminal procedure; 2. eavesdropping, as described in subdivision two of section seven hundred thirty-eight of this article, by a law enforcement officer pursuant to section eight hundred thirteen-b of the code of criminal procedure without an ex parte order obtained pursuant to section eight hundred thirteen-a of said code; 3. the normal operation of a telephone or telegraph corporation; and 4. the normal use of the services and facilities furnished by such corporation pursuant to its tariffs. |