1. (a) If an order authorizing or approving the interception of a wire, oral, or electronic communication is immediately necessary to prevent death or injury, an emergency application for an emergency order authorizing or approving the interception of a wire, oral, or electronic communication may be submitted to a designated judge without a written memorandum recommending approval or disapproval by the department of the attorney general; provided that:

   1. (1) The emergency application attests that the interception of a wire, oral, or electronic communication is immediately necessary to prevent death or injury;
   2. (2) The emergency application identifies the person or persons who are in danger of death or injury, if the identity of the person or persons is known;
   3. (3) The emergency application meets all other requirements for an application for an order authorizing or approving the interception of a wire, oral, or electronic communication as set forth in this part;
   4. (4) The emergency order authorizing or approving the interception of a wire, oral, or electronic communication contains a finding that the order needed to be granted immediately to prevent death or injury; and
   5. (5) The emergency order states that the interception shall terminate when the danger of death or injury has abated, a follow-up application for an order authorizing or approving the interception of a wire, oral, or electronic communication has been denied, or forty-eight hours have passed since the granting of the emergency order if no follow-up order has been granted.

2. (b) If an emergency order authorizing or approving the interception of a wire, oral, or electronic communication is granted, a follow-up application for a follow-up order authorizing or approving the interception of a wire, oral, or electronic communication shall be submitted to a designated judge within forty-eight hours of the granting of the emergency order. The follow-up application shall:

   1. (1) Meet all of the requirements for an application for an order authorizing or approving the interception of a wire, oral, or electronic communication set forth in this part; and
   2. (2) Be accompanied by a written memorandum recommending approval or disapproval by the department of the attorney general; provided that the department of the attorney general shall provide the written memorandum within twenty-four hours of the request for the written memorandum.

3. (c) The interception of any wire, oral, or electronic communication authorized or approved by an emergency order shall immediately terminate if:

   1. (1) The danger of death or injury has abated;
   2. (2) A follow-up application is denied; or
   3. (3) A follow-up order authorizing or approving the interception of a wire, oral, or electronic communication is not granted within forty-eight hours after the granting of the emergency order.
4. (d) In the event a follow-up application for an order authorizing or approving the interception of a wire, oral, or electronic communication is denied, or in any other case where a follow-up order is not granted by a designated judge within forty-eight hours after the granting of an emergency order, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter. An application for a follow-up order and the granting of a follow-up order may occur after the interception has terminated; provided that the follow-up order is granted within forty-eight hours of the granting of the emergency order.
5. (e) Except as specifically provided by this section, all emergency applications for an order authorizing or approving the interception of a wire, oral, or electronic communication, emergency orders authorizing or approving the interception of a wire, oral, or electronic communication, follow-up applications for an order authorizing or approving the interception of a wire, oral, or electronic communication, and follow-up orders authorizing or approving the interception of a wire, oral, or electronic communication shall be subject to the requirements set forth in this part.

[L 2025, c 78, §1]