Section 705.15. Application for an order authorizing the use of a pen register or a trap and trace device  


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  • 1. An ex parte application for an order or an extension  of  an  order
      authorizing the use of a pen register or a trap and trace device must be
      made to a justice in writing, and must be subscribed and sworn to by the
      applicant.
        2. The application must contain:
        (a)  The  identity  of  the  applicant  and  the  identity  of the law
      enforcement agency conducting the investigation; and
        (b) A statement of facts and circumstances sufficient to  justify  the
      applicant's  belief  that an order authorizing the use of a pen register
      or a trap and trace device should be issued, including (i)  a  statement
      of  the  specific  facts  on the basis of which the applicant reasonably
      suspects that the designated crime has been, is being, or is about to be
      committed and demonstrating that the information likely to  be  obtained
      by  use  of  a  pen  register  or  a trap and trace device is or will be
      relevant  to  an  ongoing  criminal  investigation  of  such  designated
      offense, (ii) 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, (iii) the identity,  if  known,
      of the person who is the subject of the criminal investigation, (iv) the
      number  and,  if  known,  the 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 (v) a statement of  the  designated  crime  or
      crimes  to which the information likely to be obtained by the use of the
      pen register or trap and trace device relates; and
        (c) A statement of the period of time for which the authorization  for
      the use of a pen register or a trap and trace device is required; and
        (d)  A  statement  of  the facts concerning all previous applications,
      known to the applicant, for an  order  authorizing  the  use  of  a  pen
      register or a trap and trace device involving any of the same persons or
      facilities  specified  in  the  application, and the action taken by the
      justice on each such application.
        3. Allegations of fact in the application may be based either upon the
      personal knowledge of the applicant or upon information and  belief.  If
      the  applicant personally knows the facts alleged, it must be so stated.
      If the facts stated in the application are derived in whole or  in  part
      from  the statements of persons other than the applicant, the sources of
      such facts must be either disclosed or described.