Rule 3539. Content of Affidavit.
The investigative or law enforcement officer’s affidavit shall contain the following:
A. The affiant’s title, pertinent employment history, authority to conduct investigations, and experience in conducting investigations of similar offenses.
B. The name, qualifications, and State Police certification number of the officers who will supervise and conduct the interception of the communications as well as the agency which will conduct the interception.
C. A statement of the details as to the particular offense that has been, is being, or is about to be committed.
D. The identity of the person or persons, if known, who are believed to be committing one or more of the crimes in 18 Pa.C.S. § 5708, and whose communications will be intercepted.
E. The particular type of communication to be intercepted; e.g., in a gambling case, transmittal and acceptance of wagers placed on the outcome of sporting events and horse race results, line information, etc.
F. Except where an application is filed pursuant to Rule 3537
1. The character and location of the particular communication facilities involved or the particular place where the oral communications will be intercepted;
2. The facts and circumstances establishing probable cause to believe that the subject(s) has committed, is committing or will commit one of the crimes enumerated in 18 Pa.C.S. § 5708;
3. The facts and circumstances establishing probable cause to believe that the particular wire, electronic, or oral communications of the subject(s) concerning those offenses may be obtained through the proposed interception;
4. The facts and circumstances establishing probable cause to believe that the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted, are, have been, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name(s) of, or commonly used by such subject(s).
G. The period of time (not to exceed 30 days) for which the interception will be needed, and if the character of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will occur and should be intercepted thereafter.
H. A particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and failed or reasonably appear unlikely to succeed if tried or are too dangerous to employ, e.g., standard visual or aural surveillance techniques, questioning of subject under an immunity grant, and/or use of search warrants.
I. The facts supporting these findings of probable cause should be as current as practical. The age of the facts will be considered when determining whether the prosecutor has established probable cause.
Source The provisions of this Rule 3539 adopted November 24, 2020, effective immediately, 50 Pa.B. 6994.
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