(A) Any SLED agent who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may disclose the contents to an attorney authorized by law to investigate and institute any action on behalf of the State of South Carolina or political subdivision of the State, or to another SLED agent, investigative, or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer or person making or receiving the disclosure.
(B) Any SLED agent, investigative, or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived from it may use the contents to the extent the use is appropriate to the proper performance of his official duties.
(C) Any person who has received, by any means authorized by this chapter, or by the laws of any other state or the United States, any information concerning a wire, oral, or electronic communication or evidence derived from it, intercepted in accordance with the provisions of this chapter, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the State or of the United States or in any grand jury proceedings.
(D) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with or in violation of the provisions of this chapter loses its privileged character.
(E) When a SLED agent, while engaged in intercepting wire, oral, or electronic communications in the manner authorized by this chapter, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived from it may be disclosed or used as provided in subsections (A) and (B). The contents and any evidence derived from it may be used under subsection (C) when authorized or approved by a judge of competent jurisdiction when the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application must be made as soon as practicable.
HISTORY: 2002 Act No. 339, Section 14, eff July 2, 2002.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 30 - Interception Of Wire, Electronic, Or Oral Communications
Section 17-30-10. Interception of wire, electronic, or oral communications authorized.
Section 17-30-15. Definitions.
Section 17-30-20. Prohibited acts.
Section 17-30-35. Lawful interceptions of electronic communications.
Section 17-30-45. Use of pen register or trap and trace device.
Section 17-30-50. Penalty for violating Sections 17-30-20 through 17-30-45.
Section 17-30-60. Seizure and forfeiture.
Section 17-30-75. Disclosure of content of intercepted communication.
Section 17-30-85. Information to be specified in order.
Section 17-30-90. Duration and termination of interception; reports to authorizing judge.
Section 17-30-95. Interception prior to obtaining order; oral notification of judge in emergency.
Section 17-30-110. Pretrial motion to suppress; grounds; appeals by State; exclusive remedy.
Section 17-30-130. Reporting intercepted communications.