(a) A motion to suppress the contents of an intercepted private communication, or evidence derived from it, may be filed in a proceeding on the ground that the
(1) interception was unlawful;
(2) order of authorization under which the communication was intercepted is insufficient on its face; or
(3) interception was not made in substantial compliance with the order of authorization.
(b) Upon the filing of a motion to suppress under this section, the court may make available to the moving party or that party's attorney, for inspection, the portion or portions of the intercepted communication, applications, and orders that the court determines to be in the interest of justice.
(c) Suppression is the only judicial sanction available for a nonconstitutional violation of AS 12.37.010 - 12.37.130 involving an intercepted private communication.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 37. Interceptions and Access to Communications
Article 1. Interception of Private Communications.
Sec. 12.37.010. Authorization to intercept communications.
Sec. 12.37.020. Application for order authorizing a communication interception.
Sec. 12.37.030. Requirements for an order authorizing a communications interception.
Sec. 12.37.050. Privileged communications.
Sec. 12.37.060. Collateral authority of court; interpretation of AS 12.37.010 - 12.37.130.
Sec. 12.37.070. Records and recordings and custody of them.
Sec. 12.37.080. Custody of applications and orders; penalty for disclosure.
Sec. 12.37.090. Notice of interception and disclosure.
Sec. 12.37.100. Approval for unanticipated interception.
Sec. 12.37.110. Use of intercepted communication.