Iowa Code 808B.10 – Restrictions on use and installation of a pen register or a trap and trace device
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 808B.10
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
808B.10 Restrictions on use and installation of a pen register or a trap and trace device.
1. Except for emergency situations pursuant to § 808B.12, a person shall not install or use a pen register or a trap and trace device without first obtaining a search warrant or court order pursuant to § 808B.11. However, a pen register or a trap and trace device may be used or installed without court order if any of the following apply:
a. It relates to the operation, maintenance, and testing of a wire or electronic
communication service or to the protection of the rights or property of the provider of the service, or to the protection of users of the service from abuse of the service or unlawful use of the service.
b. If a wire or electronic communication was initiated or completed in order to protect the
provider of the wire or electronic communication service, another provider furnishing service toward the completion of the wire or electronic communication, or a user of the service, from fraudulent, unlawful, or abusive use of the service.
c. If consent was obtained from the user of the electronic or wire communication service.
2. A person who knowingly violates this section commits a serious misdemeanor.
99 Acts, ch 78, §25; 2009 Acts, ch 88, §11; 2010 Acts, ch 1069, §64
1. Except for emergency situations pursuant to § 808B.12, a person shall not install or use a pen register or a trap and trace device without first obtaining a search warrant or court order pursuant to § 808B.11. However, a pen register or a trap and trace device may be used or installed without court order if any of the following apply:
a. It relates to the operation, maintenance, and testing of a wire or electronic
communication service or to the protection of the rights or property of the provider of the service, or to the protection of users of the service from abuse of the service or unlawful use of the service.
b. If a wire or electronic communication was initiated or completed in order to protect the
provider of the wire or electronic communication service, another provider furnishing service toward the completion of the wire or electronic communication, or a user of the service, from fraudulent, unlawful, or abusive use of the service.
c. If consent was obtained from the user of the electronic or wire communication service.
2. A person who knowingly violates this section commits a serious misdemeanor.
99 Acts, ch 78, §25; 2009 Acts, ch 88, §11; 2010 Acts, ch 1069, §64