§ 51.5. Minimum standards.
Before certification shall issue to a Commonwealth investigative or law enforcement officer, the officer shall take and pass a comprehensive examination demonstrating a working skill or knowledge pertaining to specific areas determined by the class of certification sought.
(1) Each officer applying for Class ‘‘A’’ certification shall be required to demonstrate skill or knowledge relating to:
(i) The contents of the act, including procedures mandated by the act relative to consensual interceptions as well as the difference between consensual and nonconsensual wiretapping or eavesdropping.
(ii) The requirements of the Constitutions of Pennsylvania and the United States relating to consensual and nonconsensual interceptions, including relevant privacy considerations.
(iii) The Federal law pertaining to electronic surveillance.
(iv) The meaning and significance of voluntary consent.
(v) The appropriate authorities to authorize a consensual interception and the method of seeking prior approval from the authorities.
(vi) The law regarding entrapment.
(vii) The situations when recordings may be appropriate or required, including justification for their use and the methods employed; proper monitoring procedures, including the requirements relating to minimization and privileged communications; report writing and recordkeeping functions; and procedures for the maintenance and custody of recordings made under the act.
(viii) The various kinds and types of equipment available for consensual interceptions, as well as their proper, lawful and effective utilization, custody and care.
(ix) The contents of the act, including procedures mandated by the act relative to section 5713.1 of the act (relating to emergency hostage and barricade situations), in addition to the requirements listed in subparagraphs (i)—(viii) for standard Class ‘‘A’’ certification, when the Commonwealth investigative or law enforcement officer is a candidate for designation as a ‘‘supervising law enforcement officer’’ as defined at section 5713.1(d) of the act.
(2) Each officer applying for Class ‘‘B’’ certification shall demonstrate, in addition to the requirements listed in paragraph (1) for Class ‘‘A’’ certification, a skill or knowledge relating to:
(i) The contents of the act including procedures mandated by the act relative to nonconsensual or court-authorized interceptions.
(ii) The legal concept of probable cause, with specific emphasis on the requirements of section 5710 of the act (relating to grounds for entry order).
(iii) The requirements of the act relating to exhaustion of standard investigative techniques.
(iv) The availability under the act of court-ordered assistance from a communication common carrier and court-ordered entry of private premises in aid of an interception.
(v) The requirements of the act relating to disclosure and the use of interceptions.
(vi) The proper, lawful and effective utilization, installation and care of interception equipment which may be used in accordance with the act.
(3) Qualification for either Class ‘‘A’’ or ‘‘B’’ certification requires that the Commonwealth investigative or law enforcement officer satisfactorily complete the Certified Training Program by attaining a minimum grade of 80% in the Program Examination after attending the prescribed classes. Separate program examinations shall be given for the Class ‘‘A’’ and Class ‘‘B’’ certifications.
Source The provisions of this § 51.5 adopted June 22, 1979, effective June 23, 1979, 9 Pa.B. 1942; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3692. Immediately preceding text appears at serial pages (43307) to (43308).
Cross References This section cited in 37 Pa. Code § 51.8 (relating to hours and subject matter).
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