WVC 62 - 1 F- 9
º62-1F-9. Retroactive authorization.
Notwithstanding any other provision of this article, when (1)
a situation exists with respect to engaging in electronic
interception before an order authorizing such interception can with
due diligence be obtained; (2) the factual basis for issuance of an
order under this article exists; and (3) it is determined that
exigent circumstances exist which prevent the submission of an
application under section three of this article, conduct or oral
communications in the person's home may be electronically
intercepted on an emergency basis if an application submitted in
accordance with section three of this article is made to a
magistrate or judge of the circuit within the county wherein the
person's home is located as soon as practicable, but not more than
three business days after the aforementioned determination. If
granted, the order shall recite the exigent circumstances present
and be retroactive to the time of such determination. In the
absence of an order approving such electronic interception, the
interception shall immediately terminate when the communication
sought is obtained or when the application for the order is denied,
whichever is earliest.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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