808B.1  Definitions.

As used in this chapter, unless the context otherwise requires:

1.  "Aggrieved person" means a person who was a party to an intercepted wire communication or oral communication or a person against whom the interception was directed.

2.  "Contents", when used with respect to a wire communication or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purpose, or meaning of that communication.

3.  "Court" means a district court in this state.

4.  "Electronic, mechanical, or other device" means a device or apparatus which can be used to intercept a wire communication or oral communication other than either of the following:

a.  A telephone or telegraph instrument, equipment, or facility, or any component of it which is either of the following:

(1)  Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of the subscriber's or user's business.

(2)  Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of the officer's duties.

b.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal hearing.

5.  "Intercept" or "interception" means the aural acquisition of the contents of a wire communication or oral communication through the use of an electronic, mechanical, or other device.

6.  "Investigative or law enforcement officer" means a peace officer of this state or one of its political subdivisions or of the United States who is empowered by law to conduct investigations of or to make arrests for criminal offenses, the attorney general, or a county attorney authorized by law to prosecute or participate in the prosecution of criminal offenses.

7.  "Oral communication" means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation.

8.  "Special state agent" means a sworn peace officer member of the department of public safety.

9.  "Wire communication" means a communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, furnished or operated by a person engaged as a common carrier in providing or operating the facilities for the transmission of communications.

Section History: Recent form

  89 Acts, ch 225, §22

Internal References

  Referred to in § 808B.5


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