N.Y. Criminal Procedure Law 705.05 – Pen register and trap and trace authorizations; in general
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§ 705.05 Pen register and trap and trace authorizations; in general.
Terms Used In N.Y. Criminal Procedure Law 705.05
- 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
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
Under circumstances prescribed in this article, a justice may issue an order authorizing the use of a pen register or a trap and trace device upon ex parte application of an applicant who is authorized by law to investigate, prosecute or participate in the prosecution of the designated crimes which are the subject of the application.