§ 12-5.2-2 - Application for an order for a pen register or a trap and trace device.
SECTION 12-5.2-2
§ 12-5.2-2 Application for an order for apen register or a trap and trace device. – (a) The attorney general or an assistant attorney general designated by theattorney general may make application for an order or an extension of an orderpursuant to the provisions of § 12-5.2-3 authorizing or approving theinstallation and use of a pen register or a trap and trace device under thischapter, in writing under oath or equivalent affirmation, to the presidingjustice of the superior court or his or her designee in order to obtaininformation regarding a designated offense.
(2) Any law enforcement officer set forth in § 12-5-3may make application for an order or an extension of an order under §12-5.2-3 authorizing or approving the installation and use of a pen register ora trap and trace device under this chapter, in writing under oath or equivalentaffirmation to the presiding justice of the superior court or his or herdesignee.
(b) An application pursuant to subsection (a) of this sectionshall include:
(1) The identity of the attorney general, assistant attorneygeneral, or the law enforcement officer making the application and the identityof the law enforcement agency conducting the investigation; and
(2) A certification by the applicant that the informationlikely to be obtained is relevant and necessary to an ongoing criminalinvestigation, that other investigative procedures have been or are beinginitiated or conducted, and that the request for the issuance of the penregister and/or trap and trace device is necessary to further an ongoingcriminal investigation being conducted by that agency.