§ 21-28-5.07.2. Issuance of orders.
Upon an application as provided in § 21-28-5.07.1 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, authorizing the use of controlled substances seized as contraband if the justice determines on the basis of the evidence submitted that:
(1) There is probable cause to believe that a particular, identified individual is committing, has committed or is about to commit a particular designated offense;
(2) It has been demonstrated that the use of the controlled substances will assist law enforcement officials in the investigation of felony violations of this chapter or felony violations of other criminal laws of this state and that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.
History of Section.P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.
Structure Rhode Island General Laws
Chapter 21-28 - Uniform Controlled Substances Act
Article V - Powers of Enforcement Personnel
Section 21-28-5.01. - Powers of enforcement personnel.
Section 21-28-5.02. - Administrative inspections.
Section 21-28-5.03. - [Reserved.]
Section 21-28-5.04. - Forfeiture of property and money.
Section 21-28-5.04.1. - Criminal forfeiture procedures.
Section 21-28-5.04.2. - Civil forfeiture procedure.
Section 21-28-5.06. - Seizure of contraband.
Section 21-28-5.07. - Disposition of controlled substances.
Section 21-28-5.07.1. - Application for use in other cases.
Section 21-28-5.07.2. - Issuance of orders.
Section 21-28-5.07.3. - Disclosure.
Section 21-28-5.07.4. - Control of controlled substance.
Section 21-28-5.07.5. - Rules and regulations.
Section 21-28-5.08. - Burden of proof.
Section 21-28-5.09. - Revocation of license of persons convicted.
Section 21-28-5.10. - Inspection of records — Information or knowledge obtained confidential.
Section 21-28-5.11. - Suspension of license or registration of drug dependent persons.
Section 21-28-5.12. - Appropriations and disbursements.