State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-263

§15A‑263.  Issuance of order for pen register or trap and trace device.

(a)        In General. –Following application made under G.S. 15A‑262, a superior court judge mayenter an ex parte order authorizing the installation and use of a pen registeror a trap and trace device within the State if the judge finds:

(1)        That there isreasonable suspicion to believe that a felony offense, or a Class A1 or Class 1misdemeanor offense has been committed;

(2)        That there arereasonable grounds to suspect that the person named or described in theaffidavit committed the offense, if that person is known and can be named ordescribed; and

(3)        That the results ofprocedures involving pen registers or trap and trace devices will be ofmaterial aid in determining whether the person named in the affidavit committedthe offense.

(b)        Contents of Order.– An order issued under this section:

(1)        Shall specify:

a.         The identity, ifknown, of the person to whom is leased or in whose name is listed the telephoneline to which the pen register or trap and trace device is to be attached;

b.         The identity, ifknown, of the person who is the subject of the criminal investigation;

c.         The number and, ifknown, physical location of the telephone line to which the pen register ortrap and trace device is to be attached and, in the case of a trap and tracedevice, the geographic limits of the trap and trace order; and

d.         The offense to whichthe information likely to be obtained by the pen register or trap and tracedevice relates; and

(2)        Shall direct, uponrequest of the applicant, the furnishing of information, facilities, ortechnical assistance necessary to accomplish the installation of the penregister or trap and trace device under G.S. 15A‑264.

(c)        Time Period andExtension.

(1)        An order issuedunder this section shall authorize the installation and use of a pen registeror a trap and trace device for a period not to exceed 60 days.

(2)        An extension of anorder issued under this section may be granted, but only upon an applicationfor an order under G.S. 15A‑262 and upon the judicial finding required bysubsection (a) of this section. The period of extension shall not exceed 60days.

(d)        Nondisclosure ofExistence of Pen Register or a Trap and Trace Device. – An order authorizing orapproving the installation and use of a pen register or a trap and trace deviceshall direct that:

(1)        The order be sealeduntil otherwise ordered by the judge; and

(2)        The person owning orleasing the line to which the pen register or a trap and trace device is attached,or who has been ordered by the judge to provide assistance to the applicant,not disclose the existence of the pen register or trap and trace device or theexistence of the investigation to the listed subscriber, or to any person,unless otherwise ordered by the judge.

The provisions of G.S. 15A‑903and 15A‑904 shall apply to this Article. (1987 (Reg. Sess., 1988), c.1104, s. 1; 1997‑80, s. 13.)