Iowa Code 808B.11 – Application and order to install and use a pen register or trap and trace device
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Terms Used In Iowa Code 808B.11
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
808B.11 Application and order to install and use a pen register or trap and trace device.
1. An application for an order or an extension of an order authorizing or approving the
installation and use of a pen register or a trap and trace device shall be made in writing by a prosecuting attorney upon oath or affirmation to a district court. Only a special state agent may conduct an investigation authorized under this section or § 808B.12. An application shall include the following information:
a. The identity of the prosecuting attorney, and the identity of the special state agent authorized to conduct the investigation.
b. A certified statement by the special state agent that the information likely to be obtained is relevant to an ongoing criminal investigation of an offense listed under § 808B.3 or an offense that may lead to an immediate danger of death of or serious injury to a person.
2. Upon application, the court may enter an ex parte order or an ex parte extension of an order authorizing the installation and use of a pen register or trap and trace device within the territorial jurisdiction of the court, if the court finds that the special state agent has certified to the court that the information likely to be obtained by the use of a pen register or trap and trace device is relevant to an ongoing criminal investigation of an offense listed under section
808B.3, or an offense that may lead to an immediate danger of death of or serious injury to a person.
3. Each order authorizing the interception of a communication under this section shall specify all of the following:
a. The identity of the person, if known, who owns or leases the telephone line where the pen register or trap and trace device will be attached.
b. The identity of the person, if known, who is the subject of the criminal investigation.
c. The telephone number if known, the physical location of the telephone line where the pen register or trap and trace device will be attached, the method for determining the location of the electronic communication, and the geographic limits of the trap and trace device.
d. Upon request of the applicant, direct the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of a pen register or trap and trace device.
e. The period of time during which the use of the pen register or trap and trace device is authorized, which shall be no greater than sixty days.
f. If the application is for the extension of an order and after a judicial finding required under subsection 2, authorize the extension of an order. Each extension of an order shall not exceed sixty days.
4. Except as otherwise provided in paragraph “”b””, any order granted under this section shall be sealed until otherwise ordered by the court.
a. Any person owning or leasing the telephone line to which the pen register or trap and trace device is attached, or who has been ordered by the court to furnish information, facilities, or technical assistance to the applicant, shall not disclose the existence of the pen register or trap and trace device or the existence of the investigation of the listed subscriber, to any person, unless or until otherwise ordered by the court.
b. A prosecuting attorney or special state agent may utilize or share any information obtained from the use of a pen register or trap and trace device with other prosecuting attorneys or law enforcement agencies while acting within the scope of their employment.
c. A violation of this subsection may be punished as contempt of court.
99 Acts, ch 78, §26; 99 Acts, ch 208, §64, 65; 2009 Acts, ch 88, §12
Referred to in §808B.10, 808B.12, 808B.13
1. An application for an order or an extension of an order authorizing or approving the
installation and use of a pen register or a trap and trace device shall be made in writing by a prosecuting attorney upon oath or affirmation to a district court. Only a special state agent may conduct an investigation authorized under this section or § 808B.12. An application shall include the following information:
a. The identity of the prosecuting attorney, and the identity of the special state agent authorized to conduct the investigation.
b. A certified statement by the special state agent that the information likely to be obtained is relevant to an ongoing criminal investigation of an offense listed under § 808B.3 or an offense that may lead to an immediate danger of death of or serious injury to a person.
2. Upon application, the court may enter an ex parte order or an ex parte extension of an order authorizing the installation and use of a pen register or trap and trace device within the territorial jurisdiction of the court, if the court finds that the special state agent has certified to the court that the information likely to be obtained by the use of a pen register or trap and trace device is relevant to an ongoing criminal investigation of an offense listed under section
808B.3, or an offense that may lead to an immediate danger of death of or serious injury to a person.
3. Each order authorizing the interception of a communication under this section shall specify all of the following:
a. The identity of the person, if known, who owns or leases the telephone line where the pen register or trap and trace device will be attached.
b. The identity of the person, if known, who is the subject of the criminal investigation.
c. The telephone number if known, the physical location of the telephone line where the pen register or trap and trace device will be attached, the method for determining the location of the electronic communication, and the geographic limits of the trap and trace device.
d. Upon request of the applicant, direct the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of a pen register or trap and trace device.
e. The period of time during which the use of the pen register or trap and trace device is authorized, which shall be no greater than sixty days.
f. If the application is for the extension of an order and after a judicial finding required under subsection 2, authorize the extension of an order. Each extension of an order shall not exceed sixty days.
4. Except as otherwise provided in paragraph “”b””, any order granted under this section shall be sealed until otherwise ordered by the court.
a. Any person owning or leasing the telephone line to which the pen register or trap and trace device is attached, or who has been ordered by the court to furnish information, facilities, or technical assistance to the applicant, shall not disclose the existence of the pen register or trap and trace device or the existence of the investigation of the listed subscriber, to any person, unless or until otherwise ordered by the court.
b. A prosecuting attorney or special state agent may utilize or share any information obtained from the use of a pen register or trap and trace device with other prosecuting attorneys or law enforcement agencies while acting within the scope of their employment.
c. A violation of this subsection may be punished as contempt of court.
99 Acts, ch 78, §26; 99 Acts, ch 208, §64, 65; 2009 Acts, ch 88, §12
Referred to in §808B.10, 808B.12, 808B.13