(a) Recording and monitoring.--Any wire, electronic or oral communication intercepted in accordance with this subchapter shall, if practicable, be recorded by tape or other comparable method. The recording shall be done in such a way as will protect it from editing or other alteration. Whenever an interception is being monitored, the monitor shall be an investigative or law enforcement officer certified under section 5724 (relating to training), and where practicable, keep a signed, written record which shall include the following:
(1) The date and hours of surveillance.
(2) The time and duration of each intercepted communication.
(3) The participant, if known, in each intercepted conversation.
(4) A summary of the content of each intercepted communication.
(b) Sealing of recordings.--Immediately upon the expiration of the order or extensions or renewals thereof, all monitor's records, tapes and other recordings shall be transferred to the judge issuing the order and sealed under his direction. Custody of the tapes, or other recordings shall be maintained wherever the court directs. They shall not be destroyed except upon an order of the court and in any event shall be kept for ten years. Duplicate tapes, or other recordings may be made for disclosure or use pursuant to section 5717 (relating to investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence). The presence of the seal provided by this section, or a satisfactory explanation for its absence, shall be a prerequisite for the disclosure of the contents of any wire, electronic or oral communication, or evidence derived therefrom, under section 5717(b).
(Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.)
Cross References. Section 5714 is referred to in sections 5704, 5713, 5749, 5773 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
Section 5701 - Short title of chapter
Section 5703 - Interception, disclosure or use of wire, electronic or oral communications
Section 5704 - Exceptions to prohibition of interception and disclosure of communications
Section 5707 - Seizure and forfeiture of electronic, mechanical or other devices
Section 5708 - Order authorizing interception of wire, electronic or oral communications
Section 5709 - Application for order
Section 5710 - Grounds for entry of order
Section 5711 - Privileged communications
Section 5712 - Issuance of order and effect
Section 5712.1 - Target-specific orders
Section 5713 - Emergency situations
Section 5713.1 - Emergency hostage and barricade situations
Section 5714 - Recording of intercepted communications
Section 5715 - Sealing of applications, orders and supporting papers
Section 5716 - Service of inventory and inspection of intercepted communications
Section 5718 - Interception of communications relating to other offenses
Section 5719 - Unlawful use or disclosure of existence of order concerning intercepted communication
Section 5722 - Report by issuing or denying judge
Section 5723 - Annual reports and records of Attorney General and district attorneys
Section 5726 - Action for removal from office or employment
Section 5727 - Expiration (Repealed)
Section 5728 - Injunction against illegal interception
Section 5741 - Unlawful access to stored communications
Section 5742 - Disclosure of contents and records
Section 5743 - Requirements for governmental access
Section 5743.1 - Administrative subpoena
Section 5744 - Backup preservation
Section 5746 - Cost reimbursement
Section 5748 - Exclusivity of remedies
Section 5749 - Retention of certain records
Section 5761 - Mobile tracking devices
Section 5771 - General prohibition on use of certain devices and exception
Section 5772 - Application for an order for use of certain devices
Section 5773 - Issuance of an order for use of certain devices
Section 5774 - Assistance in installation and use of certain devices
Section 5775 - Reports concerning certain devices