(1) The communication is related to a criminal investigation;
(2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and
(3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]