Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.37.010 Authorization to intercept communications.
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The attorney general, or a person designated in writing or by law to act for the attorney general, may authorize, in writing, an ex parte application to a court of competent jurisdiction for an order authorizing the interception of a private communication if the interception may …
AS 12.37.020 Application for order authorizing a communication interception.
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(a) An application for an order authorizing the interception of a private communication shall be made in writing upon oath or affirmation and must state (1) the authority of the applicant to make the application; (2) the identity of the peace officer for whom the authority to int…
AS 12.37.030 Requirements for an order authorizing a communications interception.
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(a) Upon consideration of an application, the court may enter an ex parte order authorizing the interception of a private communication if the court determines, on the basis of the application, that (1) there is probable cause to believe that the person whose communication is to …
AS 12.37.040 Contents of order authorizing a communications interception; limitations on disclosure.
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(a) An order entered under AS 12.37.030 must state (1) that the court is authorized to enter the order; (2) if known, the identity of, or a particular description of, the person whose communications are to be intercepted; (3) the character and location of the particular communica…
AS 12.37.050 Privileged communications.
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An otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of AS 12.37.010 — 12.37.130 does not lose its privileged character by reason of the interception.
AS 12.37.060 Collateral authority of court; interpretation of AS 12.37.010 — 12.37.130.
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(a) Notwithstanding any other provision of AS 12.37.010 — 12.37.130, a court to which an application is made for an order authorizing the interception of a private communication may take the evidence, make the findings, or issue the other orders necessary to conform the proceedin…
AS 12.37.070 Records and recordings and custody of them.
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(a) A communication intercepted under AS 12.37.010 — 12.37.130 shall, if practicable, be recorded by tape or wire or other comparable method. The recording shall, if practicable, be done in a way that will protect it from editing or other alteration. During an interception, the p…
AS 12.37.080 Custody of applications and orders; penalty for disclosure.
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(a) Except for a copy that may be retained for use by the applicant, all applications made and orders entered under AS 12.37.010 — 12.37.130 for the interception of private communications shall be sealed by the court and maintained as the court directs. The applications and order…
AS 12.37.090 Notice of interception and disclosure.
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(a) Within a reasonable period of time, but no later than 90 days following the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period spec…
AS 12.37.100 Approval for unanticipated interception.
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If, while intercepting a private communication under the provisions of AS 12.37.010 — 12.37.130, a peace officer intercepts a communication that relates to a felony offense other than one specified in the order of authorization, the attorney general, or a person designated in wri…
AS 12.37.110 Use of intercepted communication.
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An intercepted private communication, and evidence derived from it, may not be received in evidence or otherwise disclosed in an official proceeding unless each party to the communication who is a party in the official proceeding was furnished, at least 10 days before the proceed…
AS 12.37.120 Suppression of unlawful interceptions.
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(a) A motion to suppress the contents of an intercepted private communication, or evidence derived from it, may be filed in a proceeding on the ground that the (1) interception was unlawful; (2) order of authorization under which the communication was intercepted is insufficient …
AS 12.37.130 Required reports.
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Article 2. Pen Registers and Trap Devices. (a) Within 30 days after the expiration of the authorized interception period specified in an order entered under AS 12.37.030 or, if an extension order has been entered, upon expiration of the authorized interception period specified in…
AS 12.37.200 Authorization to use pen registers and trap devices.
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Article 3. Communications in Electronic Storage. Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning the use of a pen register or a trap device as permitted …
AS 12.37.300 Authorization for access to and use of communications in electronic storage.
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Article 4. Police Use of Body Wires. Upon application by a peace officer made in conformity with any provision of federal law authorizing such an application, a court may issue an order authorizing or concerning access to and disclosure or use of communications in electronic stor…
AS 12.37.400 Police use of body wire.
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Article 5. General Provisions. (a) A peace officer may intercept an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radi…
AS 12.37.900 Definitions.
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In this chapter, (1) “communications common carrier” has the meaning given in AS 42.20.390; (2) “contents” has the meaning given in AS 42.20.390; (3) “court” means superior court, except that in AS 12.37.200 it means either superior or district court; (4) “electronic communicatio…