§803-44.6 - Issuance of an order for a pen register or a trap and trace device.
§803-44.6 Issuance of an order for a pen
register or a trap and trace device. (a) Upon an application for an order
authorizing the installation and use of a pen register or a trap and trace
device, the designated judge shall satisfy itself that there are sufficient
facts and circumstances contained within the application that there is probable
cause to believe that the information to be obtained through the installation
and use of a pen register or a trap and trace device will constitute the
fruits, instrumentalities, or evidence of a crime or is relevant to an ongoing
criminal investigation.
(b) If the designated judge is so satisfied,
the order issued shall specify:
(1) The identity, if known, of the person to whom is
leased or in whose name is listed the telephone line to which the pen register
or trap and trace device is to be attached;
(2) The identity, if known, of the person who is the
subject of the criminal investigation;
(3) The number and, if known, the physical location
of the telephone line to which the pen register or the trap and trace device is
to be attached, and, in the case of a trap and trace device, the geographical
limits of the trap and trace order;
(4) A statement of the offense to which the
information likely to be obtained by the pen register or trap and trace device
relates; and
(5) Upon the request of the applicant, the
information, facilities, and technical assistance necessary to accomplish the
installation of the pen register or trap and trace device that the provider of
wire communication service is directed to furnish to the applicant.
(c) An order authorizing installation and use
of a pen register or a trap and trace device shall be for a period not to
exceed sixty days. Extension of an order may be granted, but only upon a
reapplication for an order and a finding of probable cause to justify
continuing use of a pen register or trap and trace device. The period of the
extension shall be for a period not to exceed sixty days.
(d) An order authorizing the installation and
use of a pen register or a trap and trace device shall direct that:
(1) The order be sealed until otherwise ordered by
the court; and
(2) The person owning or leasing the line to which
the pen register or trap and trace device is attached, or who has been ordered
by the court to provide assistance to the applicant, not disclose the existence
of the pen register or trap and trace device or the existence of the
investigation to the listed subscriber or to any other person, unless otherwise
ordered by the court. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4]