Title 23 — Criminal Procedure. [Enacted title]

As used in subchapters II, IV, and V of this chapter — (1) The term “judicial officer” means a judge of the Superior Court of the District of Columbia or of the United States District Court for the District of Columbia, or a United States commissioner or magistrate for the Distri…

(a) Under circumstances described in this subchapter, a judicial officer may issue a search warrant upon application of a law enforcement officer or prosecutor. A warrant may authorize a search to be conducted anywhere in the District of Columbia and may be executed pursuant to i…

(a) Each application for a search warrant shall be made in writing, or by telephone or other appropriate means, including facsimile transmissions or other electronic communications, upon oath or affirmation to a judicial officer, pursuant to the Superior Court Rules of Criminal P…

(a) A search warrant shall not be executed more than ten days after the date of issuance and shall be returned to the court after its execution or expiration in accordance with section 23-521(f)(6). (b) A search warrant may be executed on any day of the week and, in the absence o…

(a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 3109 of Title 18, United States Code. (b) An officer executing a warrant directing a search of a person shall give, or ma…

A law enforcement officer or a designated civilian employee of the Metropolitan Police Department who seizes property in the execution of a search warrant shall cause it to be safely kept for use as evidence. No property seized shall be released or destroyed except in accordance …

For the purposes of this subchapter, the term: (1) “Seized-currency” means moneys, coins, or negotiable instrument with monetary value, including personal checks, commercial checks, cashiers’ checks, travelers’ checks, bearer bonds, or money orders, seized by the Metropolitan Pol…

(a)(1) Seized currency shall be promptly deposited in an interest-bearing escrow account in a federal insured financial institution in the District of Columbia to be administered by the Metropolitan Police Department pending final disposition of forfeiture proceedings. Where prac…

The Chief of Police, in consultation with the United States Attorney for the District of Columbia and the Corporation Counsel, shall promulgate regulations to implement this subchapter within 60 days of the effective date of this act [October 4, 2000].

The provisions of this subchapter shall apply to any seized currency in possession of the Metropolitan Police Department on the effective date of the regulations implementing this subchapter.

As used in this subchapter — (1) the term “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 wire, cable, or other like connection between the point of origin and the point of re…

(a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia — (1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication; (2) willfully disclo…

(a) Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia — (1) willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily useful for the pu…

Any intercepting device in the District of Columbia — (1) possessed; (2) used; (3) sold; (4) distributed; or (5) manufactured or assembled; in violation of section 23-542 or 23-543 may be seized and forfeited to the District of Columbia. Insofar as applicable and not inconsistent…

Repealed Repealed.

(a) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order authorizing the interception of wire or oral communications. (b) The United States attorney may authorize, in writing, any investigat…

(a) Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing upon oath or affirmation to a judge and shall state the applicant’s authority to make the application. Each application shall include — (1) the ide…

(a) Notwithstanding any other provision of this subchapter, any investigative or law enforcement officer, specially designated by the United States attorney for the District of Columbia, who reasonably determines that — (1) an emergency situation exists with respect to conspirato…

(a) The contents of any wire or oral communication intercepted by any means authorized by this subchapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this subchapter shall be don…

Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 23-548 which is denied, or the termination of the period of any order or extensions thereof, the issuing or denying judge shall cause to be served, on…

(a) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authorit…

In addition to any other right to appeal, the United States or the District of Columbia, as the case may be, shall have the right to appeal from an order granting a motion to suppress made under section 23-551 or from the denial of an application for an order of approval, if the …

(a) Any investigative or law enforcement officer who, by any authorized means and in conformity with this subchapter, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose or use such contents or evidence to the exte…

(a) Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter 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 com…

(a) Within thirty days after the expiration of an order or an extension entered under section 23-547 or 23-548 or the denial of an order of approval, the issuing or denying court shall report to the chief judge of the District of Columbia Court of Appeals — (1) that an order or e…

(a) Sections 23-542, 23-543, 23-545 [repealed], 23-553, 23-554, and 23-555 of this subchapter shall be construed to supplement, and not to supersede or otherwise limit, the provisions of chapter 119 of Title 18, United States Code (relating to wire interception and interception o…

(a)(1) A judicial officer may issue a warrant for the arrest of any person upon a sworn complaint which states facts constituting an offense over which the judicial officer has jurisdiction for trial or preliminary examination, and establishing probable cause to believe that the …

(a)(1) A warrant issued pursuant to this subchapter shall be executed by the arrest of the person named. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the person as soon as possible. If the officer…

(a) A warrant or summons for a felony under sections 16-1022 and 16-1024 or an offense punishable by imprisonment for more than one year issued by the Superior Court of the District of Columbia may be served at any place within the jurisdiction of the United States. (b) A warrant…

(a)(1) A law enforcement officer may arrest, without a warrant having previously been issued therefor — (A) a person who he has probable cause to believe has committed or is committing a felony; (B) a person who he has probable cause to believe has committed or is committing an o…

(a) A special policeman shall have the same powers as a law enforcement officer to arrest without warrant for offenses committed within premises to which his jurisdiction extends, and may arrest outside the premises on fresh pursuit for offenses committed on the premises. (b) A p…

Unless a person is not eligible for release under § 23-584, a person shall not be detained pending his or her first appearance before a judicial officer if he or she agrees to appear in court and abide by conditions set pursuant to § 23-584(d)(1), if any.

(a) In lieu of taking a person into custody, a law enforcement officer may issue a field arrest form to a person whom he or she has arrested without a warrant if the person: (1) Is eligible for release on citation pursuant to subsection (b)(2) of this section; and (2) Is charged …

(a) A person who knowingly fails to abide by a condition of release on citation issued pursuant to § 23-584(d)(1) before his or her first appearance before a judicial officer shall be taken into custody in accordance with § 23-581 and presented before a judicial officer. (b) A pe…

Repealed Repealed.