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APPENDIX

EXCERPTS FROM CH. 242-NEVADA STATUTES (1957)

SECTION 6 (p. 335)

“Except as otherwise provided in sections 7, 8 and 9, no person shall intrude upon the privacy of other persons by surreptitiously listening to, monitoring or recording, or attempting to listen to, monitor or record, by means of any mechanical, electronic or other listening device, any private conversation engaged in by such other persons, or disclose the existence, contents, substance, purport, effect or meaning of any such conversation so listened to, monitored or recorded, unless authorized to do so by one of the persons engaging in the conversation."

SECTION 7 (pp. 385-6)

"1. An ex parte order for the interception of wire or radio communications or private conversations may be issued by the judge of a district court or of the supreme court upon application of a district attorney or of the attorney general setting forth fully the facts and circumstances upon which the application is based and stating that:

(a) There are reasonable grounds to believe that the crime of murder, kidnapping, extortion, bribery or crime of endangering the national defense or a violation of the Uniform Narcotic Drug Act has been committed or is about to be committed; and

(b) There are reasonable grounds to believe that evidence will be obtained essential to the solution of such crime or which may enable the prevention of such crime; and

(c) No other means are readily available for obtaining such evidence.

2. Where statements in the application are solely upon the information or belief of the applicant, the precise source of the information and the grounds for the belief must be given.

8. The applicant must state whether any prior application has been made to intercept private conversations or wire or radio communications on the same communication facilities or of, from or to the same person, and, if such prior application exists, the applicant shall disclose the current status thereof.

4. The application and any order issued under this section shall identify fully the particular communication facilities on which the applicant proposes to make the interception and the purpose of such interception.

5. The court may examine, upon oath or affirmation, the applicant and any witness the applicant desires to produce or the court requires to be produced.

6. Orders issued under this section shall not be effective for a period longer than 60 days, after which period the court which issued the order may, upon application of the officer who secured the original order, in its discretion, renew or continue the order for an additional period not to exceed 60 days. All further renewals thereafter shall be for a period not to exceed go days."

SECTION 8 (p. 336)

"1. During the effective period of any order issued pursuant to section 7, or any extension thereof, the application for any order under section 7 and any supporting documents, testimony or proceedings in connection therewith shall remain confidential and in the custody of the court, and such materials shall not be released nor shall any information concerning them be disclosed in any manner except upon written order of the court.

2. No person shall disclose any information obtained by reason of an order issued under section 7, except for the purpose of obtaining evidence for the solution or prevention of a crime enumerated in section 7, or for the prosecution of persons accused thereof, unless such information has become a matter of public record in a criminal action as provided in section g."

SECTION 9 (p. 836)

"1. Any information obtained, either directly or indirectly, as a result of a violation of section 3, 4, 5 or 6 shall not be admissible as evidence in any action.

2. Any information obtained, either directly or indirectly, pursuant to an effective order issued under section 7 shall not be admissible in any action except:

(a) It shall be admissible in criminal actions involving crimes enumerated in section 7 in accordance with rules of evidence in criminal cases; and

(b) In proceedings before a grand jury involving crimes enumerated in section 7." 250/61/1

THE ASSOCIATION OF THE BAR

OF THE CITY OF NEW YORK

42 WEST HTH STREIT

COLOUTTEE ON FEDERAL LEGISLATION

REPORT ON PENDING VIRMA BILIS

143

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