Current through Register Vol. 54, No. 44, November 2, 2024
Before certification shall issue to a Commonwealth
investigative or law enforcement officer, the officer shall take and pass a
comprehensive examination demonstrating a working skill or knowledge pertaining
to specific areas determined by the class of certification sought.
(1) Each officer applying for Class "A"
certification shall be required to demonstrate skill or knowledge relating to:
(i) The contents of the act, including
procedures mandated by the act relative to consensual interceptions as well as
the difference between consensual and nonconsensual wiretapping or
eavesdropping.
(ii) The
requirements of the Constitutions of Pennsylvania and the United States
relating to consensual and nonconsensual interceptions, including relevant
privacy considerations.
(iii) The
Federal law pertaining to electronic surveillance.
(iv) The meaning and significance of
voluntary consent.
(v) The
appropriate authorities to authorize a consensual interception and the method
of seeking prior approval from the authorities.
(vi) The law regarding entrapment.
(vii) The situations when recordings may be
appropriate or required, including justification for their use and the methods
employed; proper monitoring procedures, including the requirements relating to
minimization and privileged communications; report writing and recordkeeping
functions; and procedures for the maintenance and custody of recordings made
under the act.
(viii) The various
kinds and types of equipment available for consensual interceptions, as well as
their proper, lawful and effective utilization, custody and care.
(ix) The contents of the act, including
procedures mandated by the act relative to section
5713.1 of the act (relating to
emergency hostage and barricade situations), in addition to the requirements
listed in subparagraphs (i)-(viii) for standard Class "A" certification, when
the Commonwealth investigative or law enforcement officer is a candidate for
designation as a "supervising law enforcement officer" as defined at section
5713.1(d) of the act.
(2)
Each officer applying for Class "B" certification shall demonstrate, in
addition to the requirements listed in paragraph (1) for Class "A"
certification, a skill or knowledge relating to:
(i) The contents of the act including
procedures mandated by the act relative to nonconsensual or court-authorized
interceptions.
(ii) The legal
concept of probable cause, with specific emphasis on the requirements of
section 5710 of the act (relating to grounds for entry order).
(iii) The requirements of the act relating to
exhaustion of standard investigative techniques.
(iv) The availability under the act of
court-ordered assistance from a communication common carrier and court-ordered
entry of private premises in aid of an interception.
(v) The requirements of the act relating to
disclosure and the use of interceptions.
(vi) The proper, lawful and effective
utilization, installation and care of interception equipment which may be used
in accordance with the act.
(3) Qualification for either Class "A" or "B"
certification requires that the Commonwealth investigative or law enforcement
officer satisfactorily complete the Certified Training Program by attaining a
minimum grade of 80% in the Program Examination after attending the prescribed
classes. Separate program examinations shall be given for the Class "A" and
Class "B" certifications.
This section cited in 37 Pa. Code §
51.8 (relating to hours and
subject matter).
