                                 CODE OF VIRGINIA

WHEN ATTORNEY GENERAL OR CHIEF DEPUTY ATTORNEY GENERAL MAY APPLY FOR ORDER
AUTHORIZING INTERCEPTION OF COMMUNICATIONS (§ 19.2-66)

A. The Attorney General or Chief Deputy Attorney General, if the Attorney
General so designates in writing, in any case where the Attorney General is
authorized by law to prosecute or pursuant to a request in his official capacity
of an attorney for the Commonwealth in any city or county, may apply to a judge
of competent jurisdiction for an order authorizing the interception of wire,
electronic or oral communications by the Department of State Police, when such
interception may reasonably be expected to provide evidence of the commission of
a felonious offense of extortion, bribery, kidnapping, murder, any felony
violation of &#xA7; 18.2-248 or 18.2-248.1, any felony violation of Chapter 29
(&#xA7; 59.1-364 et seq.) of Title 59.1, any felony violation of Article 2
(&#xA7; 18.2-38 et seq.), Article 2.1 (&#xA7; 18.2-46.1 et seq.), Article 2.2
(&#xA7; 18.2-46.4 et seq.), Article 5 (&#xA7; 18.2-58 et seq.), Article 6
(&#xA7; 18.2-59 et seq.) or any felonies that are not Class 6 felonies in
Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any conspiracy
to commit any of the foregoing offenses. The Attorney General or Chief Deputy
Attorney General may apply for authorization for the observation or monitoring
of the interception by a police department of a county or city, by a
sheriff&#8217;s office, or by law-enforcement officers of the United States.
Such application shall be made, and such order may be granted, in conformity
with the provisions of &#xA7; 19.2-68.

B. The application for an order under subsection B of § 19.2-68 shall be made
as follows:

   1. In the case of an application for a wire or electronic interception, a
   judge of competent jurisdiction shall have the authority to issue an order
   under subsection B of &#xA7; 19.2-68 if there is probable cause to believe
   that an offense was committed, is being committed, or will be committed or the
   person or persons whose communications are to be intercepted live, work,
   subscribe to a wire or electronic communication system, maintain an address or
   a post office box, or are making the communication within the territorial
   jurisdiction of the court.

   2. In the case of an application for an oral intercept, a judge of competent
   jurisdiction shall have the authority to issue an order under subsection B of
   &#xA7; 19.2-68 if there is probable cause to believe that an offense was
   committed, is being committed, or will be committed or the physical location
   of the oral communication to be intercepted is within the territorial
   jurisdiction of the court.

C. For the purposes of an order entered pursuant to subsection B of &#xA7;
19.2-68 for the interception of a wire or electronic communication, such
communication shall be deemed to be intercepted in the jurisdiction where the
order is entered, regardless of the physical location or the method by which the
communication is captured or routed to the monitoring location.

HISTORY: Code 1950, § 19.1-89.6; 1973, c. 442; 1975, c. 495; 1976, c. 271;
1979, c. 602; 1982, cc. 40, 274; 1988, cc. 855, 889; 2002, cc. 588, 623; 2004,
c. 122; 2005, c. 934; 2011, cc. 403, 414; 2013, cc. 448, 664.