N.Y. Criminal Procedure Law 705.20 – Orders authorizing the use of a pen register or a trap and trace device; determination of application
§ 705.20 Orders authorizing the use of a pen register or a trap and
Terms Used In N.Y. Criminal Procedure Law 705.20
- Applicant: means a district attorney, an assistant district attorney, and when empowered by law to conduct an investigation of or to prosecute or participate in the prosecution of a designated crime, the attorney general, an assistant attorney general, the deputy attorney general in charge of the statewide organized crime task force, or an assistant deputy attorney general of such task force. See N.Y. Criminal Procedure Law 705.00
- Designated crime: means any crime included within the definition of a "designated offense" in subdivision eight of section 700. See N.Y. Criminal Procedure Law 705.00
- Justice: means justice as defined in subdivision four of section 700. See N.Y. Criminal Procedure Law 705.00
- 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 wire or electronic communication 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 wire communication service for cost accounting or other like purposes in the ordinary course of its business. See N.Y. Criminal Procedure Law 705.00
- 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 wire or electronic communication was transmitted. See N.Y. Criminal Procedure Law 705.00
trace device; determination of application.
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.