Section 35-33.5-5-3 - Disclosure by law enforcement officer; persons other than officer; privileged character of communication; offenses not specified in order(a) A law enforcement officer who has obtained knowledge under this article of the contents of an interception or of evidence derived from that interception may: (1) disclose the contents to another law enforcement officer; or(2) use the contents of the interception; only to the extent that use or disclosure of the contents of the interception is appropriate to the proper performance of the official duties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court or by a law enforcement agency, only that part of the interception that is relevant to the prosecution of a designated offense may be transcribed.(c) A person, other than a law enforcement officer, who has received, by a means authorized by this article, information concerning an interception or evidence derived from an interception under this article may disclose the contents of the interception or evidence derived from the interception only while giving testimony under oath or affirmation in a criminal court proceeding or grand jury proceeding. This subsection does not apply to a disclosure by a person of the contents of reports submitted under IC 35-33.5-2-4 and IC 35-33.5-2-5 or to the contents of an interception or evidence derived from an interception that is either: (1) maintained in the record of a court proceeding and made accessible to the public; or(2) previously disclosed in a court proceeding that is open to the public.(d) An otherwise privileged communication that is intercepted in accordance with or in violation of this article does not lose the communication's privileged character.(e) When a law enforcement officer, while engaged in intercepting communications in a manner authorized by this article, intercepts communications relating to offenses other than those specified in the order of authorization, the contents of those interceptions, and evidence derived from those interceptions, may be disclosed or used as provided in subsections (a) and (c). The contents and evidence may be used under subsection (d) when authorized by the court upon a finding, on subsequent application, that the contents were otherwise intercepted in accordance with this article. A subsequent application shall be made as soon as practicable.As added by P.L. 161-1990, SEC.3.