Certain officers may disclose or use intercepted communications for official duties, and a person may disclose them while testifying in a criminal proceeding.
(1) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, 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 to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (2) Any investigative or law enforcement officer who, by any means authorized by sections 86-271 to 86-295, 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 or her official duties. (3) Any person who has received, by any means authorized by sections 86-271 to 86-295, any information concerning a wire, electronic, or oral communication or evidence derived therefrom intercepted in accordance with sections 86-271 to 86-295 may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding held under the authority of the United States, of this state, or of any other state. (4) No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, sections 86-271 to 86-295 shall lose its privileged character. (5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized herein, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of a district court when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with sections 86-271 to 86-295. Such application shall be made as soon as practicable. History: Laws 1969, c. 854, § 4, p. 3213; Laws 1988, LB 899, § 4; R.S.1943, (1999), § 86-704; Laws 2002, LB 1105, § 154.