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Section 54-41a – Definitions

May 11, 2021 | Connecticut, Criminal Procedure

The following words and phrases, as used in this chapter, have the following meanings, unless the context otherwise requires:

(1) “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of telephone or telegraph between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of intrastate, interstate or foreign communications;
(2) “Intercept” means the intentional overhearing or recording of a wire communication through the use of any electronic, mechanical or other device or a cell site simulator device;
(3) “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire communication other than (A) any telephone or telegraph instrument, equipment or facility, or any component thereof (i) furnished to the subscriber or used by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or (ii) being used by a communications common carrier in the ordinary course of its business, or (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal;
(4) “Cell site simulator device” means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations:

(A) Identifying, locating or tracking the movements of a communications device,
(B) intercepting, obtaining, accessing or forwarding the communications, stored data or metadata of a communications device,
(C) affecting the hardware or software operations or functions of a communications device,
(D) forcing transmissions from, or connections to, a communications device,
(E) denying a communications device access to other communications devices, communications protocols or services, or
(F) spoofing or simulating a communications device, cell tower, cell site or service. “Cell site simulator device” includes, but is not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance. “Cell site simulator device” does not include any device used or installed by an electric distribution company, as defined in section 16-1, solely to the extent that such device is used by the electric distribution company to measure electrical usage, to provide services to customers or to operate the electric grid;
(5) “Person” means any officer, agent or employee of the state of Connecticut or any political subdivision thereof, and any individual, partnership, association, joint stock company, trust, limited liability company or corporation;
(6) “Investigative officer” means

(A) any officer of the Connecticut state police,
(B) the chief inspector or any inspector in the Division of Criminal Justice who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter,
(C) any municipal police officer who has been duly sworn as a special state police officer under the provisions of section 29-177 and who is currently assigned to the state-wide narcotics task force or the state-wide organized crime investigative task force and is acting under the direct authority of the Connecticut state police, and
(D) any attorney authorized by law to prosecute or participate in the prosecution of offenses enumerated in this chapter;
(7) “Law enforcement officer” means any officer of any organized police department of this state or of the state police of any other state, an official of the Federal Bureau of Investigation, Drug Enforcement Administration or United States Customs Service, or the United States attorney for the district of Connecticut or a person designated by him in writing to receive the contents of any wire communication or evidence derived therefrom;
(8) “Contents”, when used with respect to any wire communication, means and includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication;
(9) “Panel of judges” or “panel” means any panel or panels of three Superior Court judges specifically designated by the Chief Justice of the Supreme Court from time to time to receive applications for, and to enter orders authorizing, interceptions of wire communications in accordance with the provisions of this chapter;
(10) “Communication common carrier” means any person engaged as a common carrier for hire in the transmission of communications by wire or radio;
(11) “Aggrieved person” means a person who was a party to any intercepted wire communication, a person against whom the interception was directed, a person named in any order authorizing an interception, or a person having a property interest in any premises involved in any interception.

Conn. Gen. Stat. ยง 54-41a

(1971, P.A. 68, S. 1; P.A. 79-179, S. 1; P.A. 82-368, S. 1; P.A. 83-543, S. 1; P.A. 87-229; P.A. 95-79, S. 184, 189; P.A. 17-221, S. 1.)

Amended by P.A. 17-0221, S. 1 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.

Cited. 171 C. 524; 191 C. 360; 194 C. 447. “Wire communication” as defined in section includes the radio wave portion of a cordless telephone conversation. 224 C. 593. Cited. 238 C. 253; Id., 692. Cited. 8 CA 673; 10 Conn.App. 347.