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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 13. COMMON CARRIERS

  § 13-176.10. Recording intercepted communication - Seal - Inventory - Inspection - Violation.  

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  • A.  The contents of any wire, oral or electronic communication intercepted by any means authorized by the Security of Communications Act shall, if possible, be recorded on tape or wire or other comparable device.  The recording of the contents shall be securely kept in order to guarantee protection of the recording from editing or other alterations.  Immediately upon the expiration of the period of the order and any extensions, the recordings shall be made available to the judge of competent jurisdiction issuing such order and shall be sealed under his directions.  Custody of the recordings shall be determined by the judge of competent jurisdiction.  Such recordings shall not be destroyed except upon an order of the issuing judge of competent jurisdiction and shall be kept for at least ten (10) years.  Duplicate recordings may be made for use or disclosure in the conduct of investigations pursuant to the provisions of subsections A and B of Section 176.8 of this title.

    B.  The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof as determined by the court where presented, shall be a prerequisite for the use or disclosure of the contents of any wire, oral or electronic communication or evidence derived therefrom under subsection C of Section 176.8 of this title.

    C.  Applications made and orders granted under the Security of Communications Act shall be sealed by the judge of competent jurisdiction.  Custody of the applications and orders shall be determined by the judge of competent jurisdiction.  Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge of competent jurisdiction and shall be kept for at least ten (10) years.

    D.  Within a reasonable time but not later than ninety (90) days after the termination of the period of an order or extension thereof, the issuing judge of competent jurisdiction shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge of competent jurisdiction may determine in his discretion are in the interest of justice, an inventory which shall include notice of:

    1.  The entry of the order or application;

    2.  The date of such entry and the period of authorized, approved interception, or the date of denial of the application; and

    3.  Whether or not during such period, wire, oral or electronic communications were or were not intercepted.

    E.  The judge of competent jurisdiction, upon the filing of a motion, may make available to the person named in the order or application or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge of competent jurisdiction determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this subsection may be postponed.

    F.  Any violation of the provisions of this section is punishable as contempt of the issuing judge of competent jurisdiction.

Added by Laws 1982, c. 343, § 10.  Amended by Laws 1989, c. 216, § 8, eff. Nov. 1, 1989.