N.Y. Criminal Procedure Law 705.10 – Orders authorizing the use of a pen register or a trap and trace device; when issuable
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§ 705.10 Orders authorizing the use of a pen register or a trap and
Terms Used In N.Y. Criminal Procedure Law 705.10
- 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
- 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; when issuable.
An order authorizing the use of a pen register or a trap and trace device may issue only:
1. Upon an appropriate application made in conformity with this article; and
2. Upon a determination that an application sets forth specific, articulable facts, warranting the applicant's reasonable suspicion that a designated crime has been, is being, or is about to be committed and demonstrating that the information likely to be obtained by use of a pen register or trap and trace device is or will be relevant to an ongoing criminal investigation of such designated crime.