§ 21-28-5.07.1 - Application for use in other cases.
SECTION 21-28-5.07.1
§ 21-28-5.07.1 Application for use inother cases. – (a) Notwithstanding any provision of § 21-28-5.07, the attorney generalmay apply ex parte to the presiding justice of the superior court for an orderauthorizing the state police, local police or an investigator appointedpursuant to § 42-9-8.1 designated by the attorney general, to usecontrolled substances seized as contraband in matters which have been finallydisposed by the courts, in the investigation of other controlled substanceviolations.
(b) Prior to the application by the attorney general, the lawenforcement agency requesting the use of the controlled substance shall submitto the attorney general, or an assistant attorney general designated by theattorney general, an enforcement plan outlining the proposed use of thecontrolled substances.
(c) The attorney general or an assistant attorney generalspecially designated by the attorney general may apply ex parte to thepresiding justice of the superior court for an order authorizing the use ofcontrolled substances seized as contraband in matters which have been finallydisposed of by the courts in the investigation of other controlled substanceviolations. Each application shall be in writing, subscribed and sworn to bythe applicant. The application shall contain:
(1) The identity of the officer making the application;
(2) A full and complete statement of facts and circumstancesrelied upon by the applicant to justify his or her belief that an order shouldbe issued, which shall include details as to the particular offense that hasbeen, is being, or is about to be committed, and the identity of the person orpersons, who has committed, is committing or is about to commit a particulardesignated offense;
(3) The court case number(s), the name of the defendant(s),and the status of the case from which the controlled substances have beenderived; and
(4) The quantity and type of controlled substances which aresought to be used.
(d) The presiding justice may require the applicant tofurnish additional testimony under oath or produce other documentary evidencein support of the application.
(e) Allegation of fact in the application may be based eitherupon the personal knowledge of the applicant or upon information and belief. Ifthe applicant personally knows the fact alleged it must be so stated. If thefacts establishing reasonable cause are derived in whole or in part from thestatements of persons other than the applicant, the sources of that informationand belief must be either disclosed or described, and the application mustcontain facts establishing the existence and reliability of the informant orthe reliability of the information supplied by him or her. The application mustalso state, as far as possible, the basis of the informant's knowledge orbelief. If the applicant's information and belief is derived from tangibleevidence or recorded oral evidence, a copy or detailed description of it shouldbe annexed to or included in the application. Affidavits of persons other thanthe applicant must be submitted in conjunction with the application if theytend to support any fact or conclusion alleged in the application. Theaccompanying affidavit may be based either on personal knowledge of theaffiant, or information and belief with the source of the information andbelief and reasons for it specified.
(f) An application may be made to the senior associatejustice if the presiding justice shall deem it appropriate to disqualifyhimself or herself from hearing the application.