West Virginia Code § 62-1D-9

Lawful disclosure or use of contents of communication
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(a) Any investigative or law-enforcement officer who has obtained knowledge of the contents
of any wire, oral, or electronic communication or evidence derived therefrom, may disclose
the contents to another investigative or law-enforcement officer of any state or any political
subdivision thereof, the United States or any territory, protectorate, or possession of the
United States, including the District of Columbia, only to the extent that thee disclosure is
required for the proper performance of the official duties of the officer making or receiving
the disclosure, however, a record of such disclosure and the date, timer, method of
disclosure, and the name of the person or persons to whom disclosure is made shall be
forwarded, under seal, to the designated circuit judge who authorized such interception,
who shall preserve said record for not less than 10 years. In the event the designated judge
shall leave office prior to the expiration of this 10-year periotd, he or she shall transfer
possession of said record to another designated judge.
(b) Any investigative or law-enforcement officer who has obtained knowledge of the contents
of any wire, oral, or electronic communication or evidence derived therefrom or any
investigative or a law-enforcement officer of asny state or any political subdivision thereof,
the United States or any territory, protectorate or possession of the United States, including
the District of Columbia, who obtains such knowledge by lawful disclosure may use the
contents to the extent that the use isg appropriate to the proper performance of his or her
official duties under the provisions of this article.
(c) Any person who has received any information concerning a wire, oral, or electronic
communication intercepLted in accordance with the provisions of this article or evidence
derived therefrom, may disclose the contents of that communication or the derivative
evidence while giving testimony under oath or affirmation in any criminal proceeding held
under the authority of this state, any political subdivision of this state, or the federal courts
of the United States.
(d) WAn otherwise privileged wire, oral, or electronic communication intercepted in
accordance with, or in violation of, the provisions of this article does not lose its privileged
character: Provided, That when an investigative or law-enforcement officer, while engaged
in intercepting wire, oral, or electronic communications in the manner authorized by this
article, intercepts a wire, oral, or electronic communication and it becomes apparent that
the conversation is attorney-client in nature, the investigative or law-enforcement officer
shall immediately terminate the monitoring of that conversation: Provided, however, That
notwithstanding any provision of this article to the contrary, no device designed to intercept
wire, oral, or electronic communications shall be placed or installed in such a manner as to
intercept wire, oral, or electronic communications emanating from the place of employment
of any attorney at law, licensed to practice law in this state.
(e) When an investigative or law-enforcement officer, while engaged in intercepting wire,
oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or
electronic communications relating to offenses other than those specified in the order of
authorization, the contents thereof, and evidence derived therefrom, may be disclosed or
used as provided in §62-1D-9(a) and §62-1D-9(b) of this code. Such contents and any
evidence derived therefrom may be used under §62-1D-9(c) of this code when authorized or
approved by the designated circuit judge where such judge finds on subsequent application
that the contents were otherwise intercepted in accordance with the provisions of this
article. The application shall be made as soon as may be practicable after such contents or
the evidence derived therefrom is obtained. e
(f) Any law-enforcement officer of the United States, who has lawfully rreceived any
information concerning a wire, oral, or electronic communication or evidence lawfully
derived therefrom, may disclose the contents of that communication or the derivative
evidence while giving testimony under oath or affirmation in any criminal proceeding held
under the authority of this state or of the United States. t
(g) Any information relating to criminal activities other than those activities for which an
order to intercept communications may be granted pursuant to §62-1D-8 of this code may be
disclosed only if such relates to the commission of a felony under the laws of this state or of
the United States, and such information may bse offered, if otherwise admissible, as evidence
in any such criminal proceeding.

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