Rule 3551. Verbal Authorization—Application.
A. When permitted by 18 Pa.C.S. § 5713 and/or 18 Pa.C.S. § 5773 an Applicant may make a verbal, instead of written, application.
B. The verbal application should include as many of the elements of a written application and affidavit as can be provided under the emergency conditions. Application for such authorization should be made in camera, under oath, and on the record. Upon approval of the Assigned Judge, the application may be made by electronic means, e.g., telephone, Skype, or FaceTime. Moreover, if the Assigned Judge requires the application to be on the record, and the application proceedings cannot be recorded stenographically, the Applicant may, with the permission of all speaking parties, record the proceedings.
1. The verbal application must include sufficient facts for the Assigned Judge to find that an emergency situation exists with respect to the investigation of an offense designated in 18 Pa.C.S. § 5708, and
i. The investigation involves conspiratorial activities characteristic of organized crime; or
ii. A substantial danger to life or limb exists.
2. As a result of the facts supporting these findings, authorization for immediate interception of wire, electronic, or oral communications is needed before a written application could, with due diligence, be submitted and acted upon by the Assigned Judge.
Source The provisions of this Rule 3551 adopted November 24, 2020, effective immediately, 50 Pa.B. 6994.
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