Section 20-2B-6 Recordings of Intercepted Wire or Electronic Communications

(a) The contents of a wire or electronic communication intercepted by means authorized by this chapter shall be recorded on tape, wire, or other comparable device, to the extent practicable. The recording of the contents of a wire or electronic communication under this section shall be performed in a way that protects the recording from editing or other alterations.

(b) Immediately following the expiration of an intercept order, or all extensions, if any, the recordings shall be made available to the judge issuing the order and shall be sealed. Custody of the recordings shall be wherever the judge orders. The recordings may not be destroyed until at least 10 years after the date of expiration of the order and the last extension, if any. A recording may be destroyed only by order of the judge who authorized the interception, or his or her successor.

(c) Duplicate recordings may be made for use or disclosure pursuant to Section 20-2B-8 for investigative purposes. One copy shall remain in the custody of the judge and one copy shall be given to the entity that executed the intercept order.

(d) The presence of a seal as required in subsection (b), or a satisfactory explanation of its absence, shall be a prerequisite for the use or disclosure of the contents of any wire or electronic communication or any evidence derived from the communication under Section 20-2B-8.

(e) A violation of this section shall be punished as contempt of court.