State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter86 > 86-2_100

86-2,100. Pen register; trap-and-trace device; court order.(1) Upon an application made under section 86-299, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap-and-trace device within the jurisdiction of the court if the court finds that the investigative or law enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.(2) An order issued under this section:(a) Shall specify:(i) 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;(ii) The identity, if known, of the person who is the subject of the criminal investigation;(iii) The number and, if known, physical location of the telephone line to which the pen register or trap-and-trace device is to be attached and, in the case of a trap-and-trace device, the geographic limits of the order; and(iv) A statement of the offense to which the information likely to be obtained by the pen register or trap-and-trace device relates; and(b) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap-and-trace device.(3)(a) An order issued under this section shall authorize the installation and use of a pen register or a trap-and-trace device for a period not to exceed sixty days.(b) Extensions of such an order may be granted but only upon an application for an order under section 86-299 and upon the judicial finding required by subsection (1) of this section. The period of extension shall be for a period not to exceed sixty days.(4) An order issued under this section shall direct that:(a) The order be sealed until otherwise ordered by the court; and(b) The person owning or leasing the line to which the pen register or a trap-and-trace device is attached or the person 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 or until otherwise ordered by the court. SourceLaws 1988, LB 899, § 11; R.S.1943, (1999), § 86-707.05; Laws 2002, LB 1105, § 162.