West Virginia Code § 62-1F-3

Application for an order authorizing interception
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(a) Each application for an order authorizing electronic interception in accordance with the
provisions of this article shall be made only to the magistrate or judge of the circuit court by
petition in writing upon oath or affirmation and shall state the applicant's authority to make
the application. Each application shall set forth the following:
(1) The identity of the investigative or law-enforcement officer making the application, and
of the person authorizing the application, who shall be the head of the investigative or law-
enforcement agency or an officer of the investigative or law-enforcement agency designated
in writing by the head of that agency: Provided, That an applicatuion made by a member of
the State Police or an officer assigned to a multijurisdictional task force authorized under
section four, article ten, chapter fifteen of this code also mayt be authorized by the supervisor
of that member or officer if the supervisor holds a rank of sergeant or higher;
(2) A full and complete statement of the facts and circumstances relied upon by the
applicant, to justify his or her belief that an order slhould be issued, including (i) details as to
the particular offense that has been, is being, sor is about to be committed, (ii) a description
of the person whose conduct or communications are sought to be intercepted and a
particular description of the home at which it is anticipated that the interception would
occur: Provided, That the descriptiogn of the home may be omitted where there is good cause
to believe that the location is subject to change, (iii) a particular description of the type of
conduct or communications soeught to be intercepted, and (iv) the identity of the person, if
known, committing the offense and whose conduct or communications are to be intercepted;
(3) A statement of the period of time for which the interception is required to be maintained.
If the nature of the investigation is such that the authorization for interception should not
automatically terminate when the described conduct or communication has been first
obtained, a particular description of facts establishing probable cause to believe additional
conduct or communications of the same type will occur thereafter; and
(4) Where the application is for the extension of an order, a statement setting forth the
results obtained pursuant to such order from the interception or a reasonable explanation of
the failure to obtain any such results.
(b) The magistrate or judge of the circuit court may require the applicant to furnish
additional testimony or documentary evidence in support of the application.
(c) Notwithstanding the provisions of subsection (a) of this section, the magistrate or judge
may take an oral statement under oath in which the applicant must set forth the information
required in subsection (a) of this section. The applicant shall swear the oath by telephone. A
magistrate or judge administering an oath telephonically under this subsection shall execute
a declaration that recites the manner and time of the oath's administration. The oral
statement shall be recorded. The recording shall be considered to be an application for the
purposes of this section. In such cases, the recording of the sworn oral statement and the
transcribed statement shall be certified by the magistrate or judge receiving it and shall be
retained as a part of the record of proceedings for the issuance of the order.

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