23A-35A-18. Interception of communications relating to offenses other than specified in order--Use of contents.
If an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized by this chapter, intercepts wire, electronic, or oral communications relating to offenses not specified in the order of authorization or approval, the contents of the communication, and evidence derived from the communication, may be disclosed or used as provided in §§23A-35A-15 and 23A-35A-16. The contents and any evidence derived from the contents may be used under §23A-35A-17 if authorized or approved by a circuit court judge where the judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this chapter.
Source: SL 1969, ch 158, §5 (5); SDCL Supp, §23-13A-9; SL 1980, ch 181, §7; SL 2017, ch 108, §14.