542.410. Recording of contents, required, how, custody of, duplication, destruction of--applications and orders sealed by court, disclosure, when, destruction of--penalty--notice to persons named in o
Recording of contents, required, how, custody of, duplication,destruction of--applications and orders sealed by court, disclosure,when, destruction of--penalty--notice to persons named in order, when,right to inspect and copy contents.
542.410. 1. The contents of any wire communication intercepted byany means authorized by sections 542.400 to 542.422 shall be recorded ontape or wire or other comparable device. The recording of the contents ofany wire or oral communication as required by this section shall be done insuch way as will protect the recording from editing or other alterations.Immediately upon the expiration of the period of the order, or extensionsthereof, such recordings shall be made available to the court issuing suchorder and shall be sealed under its directions. Custody of the recordingsshall be wherever the court orders. The recordings shall not be destroyedexcept upon an order of the issuing court and in any event shall be keptfor ten years. Duplicate recordings shall be made for use for disclosurepursuant to the provisions of subsections 1 and 2 of section 542.406 forinvestigations and discovery in accordance with applicable supreme courtrules. The presence of the seal provided for by subsection 2 of thissection, or a satisfactory explanation for the absence thereof, shall be aprerequisite for the use or disclosure of the contents of any wirecommunication or evidence derived therefrom under the provisions ofsubsection 3 of section 542.406.
2. Applications made and orders granted under sections 542.400 to542.422 shall be sealed by the court. Custody of the applications andorders shall be wherever the court directs. Such applications and ordersshall be disclosed only upon a showing of good cause before a court ofcompetent jurisdiction and shall not be destroyed except on order of theissuing or denying court, and in any event shall be kept for ten years.
3. Any violation of the provisions of this section shall bepunishable as a class A misdemeanor.
4. Within a reasonable time but not later than ninety days after thefiling of an application for an order of approval under the provisions ofsections 542.400 to 542.422 or the termination of the period of an order orextensions thereof, whichever is later, the issuing or denying court shallcause to be served, on the persons named in the order or the application,and such other parties to intercepted communications an inventory whichshall include notice of:
(1) The fact of the entry of the order or the application;
(2) The date of the entry and the period of authorized, approvedinterception;
(3) The fact that during the period oral communications were or werenot intercepted; and
(4) The nature of said conversations.
The court, upon the filing of a motion, shall make available to such personor his counsel for inspection and copying such intercepted communications,applications and orders.
(L. 1989 H.B. 277, et al. § 6, A.L. 2002 S.B. 712)