37 Pa. Code § 51.2

Current through Register Vol. 54, No. 39, September 28, 2024
Section 51.2 - Introductory statement

The Attorney General and the Commissioner together find that:

(1) The certifications of Commonwealth investigative and law enforcement officers as eligible to conduct wiretapping and electronic surveillance shall be issued in the following two separate classifications:
(i) Certification to monitor all communications intercepted under the act and, in addition, to conduct interceptions in cases when the Commonwealth investigative or law enforcement officer is a party to the communication to be intercepted or when at least one of the parties to the communication to be intercepted has given voluntary prior consent to the interception.
(ii) Certification to perform all monitoring and communications interceptions conferred upon Class A certified Commonwealth investigative or law enforcement officers and to conduct interceptions when there is no consent but prior court approval for the interception has been ordered under sections 5708-5713 of the act or when the interception is under section 5713.1 of the act (relating to emergency hostage and barricade situations).
(2) Certification in cases when there is at least the consent of one party will require less training, in both legal and technical matters, than in cases when there is no consent.
(3) The intent of the Legislature with respect to the training of Commonwealth investigative and law enforcement officers will be satisfied by this chapter and minimum standards.

37 Pa. Code § 51.2

The provisions of this §51.2 adopted June 22, 1979, effective 6/23/1979, 9 Pa.B. 1942; amended August 6, 1993, effective 8/7/1993, 23 Pa.B. 3692.