CODE OF VIRGINIA

DISCLOSURE OF INFORMATION OBTAINED BY AUTHORIZED MEANS (§ 19.2-67)

A. Any investigative or law-enforcement officer, or police officer of a county
or city, who, by any means authorized by this chapter, has obtained knowledge of
the contents of any wire, electronic or oral communication, or evidence derived
therefrom, may disclose such contents to another investigative or
law-enforcement officer, or police officer of a county or city, to the extent
that such disclosure is appropriate to the proper performance of the official
duties of the officer making or receiving the disclosure.

B. Any investigative or law-enforcement officer or police officer of a county or
city, who, by any means authorized by this chapter, has obtained knowledge of
the contents of any wire, electronic or oral communication or evidence derived
therefrom may use such contents to the extent such use is appropriate to the
proper performance of his official duties.

C. Any person who has received, by any means authorized by this chapter, any
information concerning a wire, electronic or oral communication, or evidence
derived therefrom intercepted in accordance with the provisions of this chapter
may disclose the contents of that communication or such derivative evidence
while giving testimony under oath or affirmation in any criminal proceeding for
an offense specified in § 19.2-66, or any conspiracy or attempt to commit the
same, in any court of the United States or of any state or in any federal or
state grand jury proceeding.

D. No wire, electronic or oral communication which is a privileged communication
between the parties to the conversation which is intercepted in accordance with,
or in violation of, the provisions of this chapter shall lose its privileged
character, nor shall it be disclosed or used in any way.

E. When an investigative or law-enforcement officer, or police officer of a
county or city, while engaged in intercepting wire, electronic or oral
communications in the manner authorized herein, or observing or monitoring such
interception intercepts, observes or monitors wire, electronic or oral
communications relating to offenses other than those specified in the order of
authorization, the contents thereof, and evidence derived therefrom, shall not
be disclosed or used as provided in subsections A, B and C of this section,
unless such communications or derivative evidence relates to a felony, in which
case use or disclosure may be made as provided in subsections A, B and C of this
section. Such use and disclosure pursuant to subsection C of this section shall
be permitted only when approved by a judge of competent jurisdiction where such
judge finds, on subsequent application, that such communications were otherwise
intercepted in accordance with the provisions of this chapter. Violations of
this subsection E shall be punishable as provided in § 19.2-62.

HISTORY: Code 1950, § 19.1-89.7; 1973, c. 442; 1975, c. 495; 1976, c. 231;
1979, c. 602; 1983, c. 536; 1988, c. 889.