§ 13-176.13. Suppression of intercepted communication or evidence derived therefrom.

A.  Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority may move to suppress the contents of any intercepted wire, oral or electronic communication, or evidence derived therefrom, on the grounds that:

1.  The communication was unlawfully intercepted;

2.  The order of authorization under which it was intercepted is insufficient on its face; or

3.  The interception was not made in conformity with the order of authorization.

B.  Said motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make the motion or the aggrieved person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of the Security of Communications Act.  The judge, upon the filing of the motion by the aggrieved person, may make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

Added by Laws 1982, c. 343, § 13.  Amended by Laws 1989, c. 216, § 10, eff. Nov. 1, 1989.