New Hampshire Revised Statutes 570-B:5 – Issuance of an Order for a Pen Register or a Trap and Trace Device
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I. Upon an application made under N.H. Rev. Stat. § 570-B:4, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the state if the court finds that the attorney general or deputy attorney general has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
II. An order issued under this section 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 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.
III. (a) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(b) Extensions of such an order may be granted, but only upon an application for an order under N.H. Rev. Stat. § 570-B:4 and upon the judicial finding required by N.H. Rev. Stat. § 570-B:5. The period of extension shall be for a period not to exceed 60 days.
IV. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The application and order be sealed until otherwise ordered by the court; and
(b) 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.
II. An order issued under this section shall specify:
Terms Used In New Hampshire Revised Statutes 570-B:5
- Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a telecommunication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a telecommunication service for cost accounting or other like purposes in the ordinary course of its business. See New Hampshire Revised Statutes 570-B:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a telecommunication was transmitted. See New Hampshire Revised Statutes 570-B:1
(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 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.
III. (a) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(b) Extensions of such an order may be granted, but only upon an application for an order under N.H. Rev. Stat. § 570-B:4 and upon the judicial finding required by N.H. Rev. Stat. § 570-B:5. The period of extension shall be for a period not to exceed 60 days.
IV. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:
(a) The application and order be sealed until otherwise ordered by the court; and
(b) 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.