18 U.S.C. § 3122 — Application for an order for a pen register or a trap and trace device
submitted 40 years ago by Pub. L. 99-508 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 199 words · no verdicts yet
This section lets an attorney or state officer apply for a pen register or trap and trace order. The written, sworn application must identify the requesting attorney or officer and their agency. It must also certify that the information sought is relevant to an ongoing criminal investigation.
(a) This section only covers making the application; a judge decides separately whether to issue the order under section 3123. A government attorney may apply to a court for an order allowing a pen register* or trap and trace device*. This includes applying to extend an existing order. The application must be in writing, under oath. State* law enforcement officers may make the same kind of application to a state court, unless state law forbids it.
(b) The application must include the identity of the attorney or officer applying, and the law enforcement agency* running the investigation. It must also include a certification that the information sought is relevant to an ongoing criminal investigation by that agency.
facts
An attorney for the Government* may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register* or a trap and trace device* under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction*.
Unless prohibited by State* law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.
An application under subsection (a) of this section shall include—
the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency* conducting the investigation; and
a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Source credit: (Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869.)
- 1986Enacted · Pub. L. 99-508 · 100 Stat. 1869
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