Page:United States Statutes at Large Volume 84 Part 1.djvu/680

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(4) there is or was probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be or were intercepted were used, are being used, or are about to be used, in connection with the commission of the offense, or are or were leased to, listed in the name of, or commonly used by the person referred to in paragraph (1). " (d) If the facilities from which a wire communication is to be or was intercepted are or were being used by, are or were about to be used by, or are or were leased to, listed in the name of, or commonly used by, a licensed physician, a licensed attorney, or practicing clergyman, or if the place where an oral communication is to be or was intercepted is or was a place used primarily for habitation by a husband and wife or primarily by a licensed physician, licensed attorney, or practicing clergyman for his own professional purposes, no order authorizing or approving such interception may be issued unless the court, in addition to the matters provided in subsection (c) of this section, determines that— "(1) such facilities or place are or were being used or are or were about to be used in connection with conspiratorial activities characteristic of organized crime; and "(2) such interceptions will be so conducted as to minimize or eliminate the number of interceptions of privileged wire or oral communications between licensed physicians and patients, licensed attorneys and clients, practicing clergymen and confidants, and husbands and wives. No otherwise privileged wire or oral communication intercepted in accordance w'ith, or in violation of, the provisions of this subchapter shall lose its privileged character. "(e) Each order authorizing or approving the interception of any wire or oral communication shall specify— " (1) the identity of the person, if Imown, or otherwise a particular description of the person, if known, whose communications are to be or were intercepted; "(2) the nature and location of the communication facilities as to which, or the place where, authority to intercept or any approval of interception is or was granted; "(3) a particular description of the type of communication sought to be or which was intercepted, and a statement of the particular offense to which it relates; " (4) the identity of the agency authorized to intercept or whose interception is approved, and of the person authorizing the application; and "(5) the period of time during or for which the interception is authorized or approved, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. " (f) An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant at the prevailing rates.

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