13-3017

13-3017. Ex parte order for pen register or
trap and trace device

A. Any prosecuting attorney or investigating peace officer of this state or its
political subdivisions may apply to any justice of the supreme court, judge of the court
of appeals, judge of the superior court or magistrate for an ex parte order authorizing
the installation and use of a pen register or a trap and trace device. The application
shall be made in writing and under oath and shall state:

1. The name and title of the applicant.

2. The attributes of the communication, including the number or other identifier,
the identity, if known, of the subscriber and, if known, the location of the telephone
line or other facility to which the pen register or trap and trace device is to be
attached or applied and, if the order authorizes the installation of a trap and trace
device, the geographic limits of the order.

3. A certification by the applicant that the information likely to be obtained is
relevant to an ongoing criminal investigation.

4. A statement of the offense to which the information likely to be obtained by the
pen register or trap and trace device relates.

B. On proper application pursuant to subsection A, the judge shall issue an ex
parte order authorizing the installation and use of a pen register or trap and trace
device or process if the judge finds that the applicant has certified that the
information likely to be obtained by the installation and use is relevant to an ongoing
criminal investigation. On service, the order applies to any person or entity that
provides wire or electronic communication service in this state or that does business in
this state and whose assistance may facilitate the execution of the order. If an order is
served on any person or entity that is not specifically named in the order and on request
of the person or entity, the prosecuting attorney or peace officer who serves the order
shall provide written or electronic certification that the order applies to the person or
entity being served. An order that is issued under this subsection shall specify all of
the following:

1. The identity, if known, of the subscriber of the communication service or
telephone line to which the pen register or trap and trace device is to be attached or
applied.

2. The attributes of the communication to which the order applies, including the
number or other identifier and, if known, the location of the telephone line or other
facility to which the pen register or trap and trace device is to be attached or applied
and, if the order authorizes the installation of a trap and trace device, the geographic
limits of the order.

3. A statement of the offense to which the information likely to be obtained by the
pen register or trap and trace device relates.

4. That, on the request of the applicant, the communication service provider shall
furnish information, facilities and technical assistance necessary to accomplish the
installation of the pen register or trap and trace device and to identify subscribers of
any communication facility or telephone number obtained by operation of such device.

C. An order that is issued under this section authorizes the installation and use
of a pen register or trap and trace device for a period of not to exceed sixty
days. Extensions of the order may be granted, but only on an application and judicial
finding pursuant to subsections A and B. The period of each extension granted shall not
exceed sixty days.