Section 705.20. Orders authorizing the use of a pen register or a trap and trace device; determination of application  


Latest version.
  • 1. If the justice determines on the basis of the  facts  submitted  by
      the  applicant  that grounds exist for the issue of an order authorizing
      the use of a pen register or a trap and trace device pursuant to section
      705.10 of this article, the justice  shall  grant  the  application  and
      issue an order authorizing the use of a pen register or a trap and trace
      device, in accordance with subdivision three of this section.
        2.  If  the  application  does  not  conform to section 705.15 of this
      article, or if the justice is not satisfied that grounds exist  for  the
      issuance of an order authorizing the use of a pen register or a trap and
      trace device, the application must be denied.
        3. An order issued under this section must contain:
        (a)  the name of the applicant, date of issuance, and the subscription
      and title of the issuing justice; and
        (b) 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; and
        (c) the identity, if known, of the person who is the  subject  of  the
      criminal investigation; and
        (d)  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
        (e) a statement of  the  designated  crime  or  crimes  to  which  the
      information  likely to be obtained by the pen register or trap and trace
      device relates.
        4. An order issued under this section 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 under section 705.25 of this article.