§13-177.4. Court order - Contents - Duration.
556 words·~3 min read·
/ok/title-13-common-carriers/13-177-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The court, in considering an application made pursuant to Section 177.3 of this title, 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 person making the application has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The installation and use of a pen register or a trap and trace device shall be considered to be within the jurisdiction of the court if:
(a)the law enforcement equipment to be used to collect electronic data is or will be physically installed within the geographical area over which the court has jurisdiction,
(b)there are reasonable grounds to believe the telephone device is or will be used within
the geographical area over which the court has jurisdiction, or
(c)the billing address for the telephone service for the telephone device is located within the geographical area over which the court has jurisdiction.
The order issued under this section:
1. Shall specify:
a. 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,
b. the identity, if known, of the person who is the
subject of the criminal investigation,
c. 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
trap and trace order, and
d. a statement of the offense to which the information
likely to be obtained by the pen register or trap and
trace device relates; and
2. 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.
B. An order issued pursuant to 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
(60)days. Extensions of such an order may be granted, but only upon application as provided in Section 177.3 of this title and upon issuance of an order as required by subsection A of this section. Each period of extension shall be for a period not to exceed sixty
(60)days.
C. An order authorizing or approving 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 a 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 or until otherwise ordered by the court. Added by Laws 1988, c. 264, § 4, emerg. eff. June 29, 1988. Amended by Laws 2002, c. 224, § 3, emerg. eff. May 8, 2002.