§ 12-5.2-3 - Issuance of an order for a pen register or a trap and trace device.
SECTION 12-5.2-3
§ 12-5.2-3 Issuance of an order for a penregister or a trap and trace device. – (a) Upon an application made pursuant to § 12-5.2-2, the court shall enteran ex parte order authorizing the installation and use of a pen register or atrap and trace device if the court is reasonably satisfied that the informationlikely to be obtained by the installation and use is relevant and necessary tofurther an ongoing criminal investigation and that use of a pen register ortrap and trace device is the least intrusive way to obtain the informationsought.
(2) An order issued under this section shall specify:
(i) The identity, if known, of the person to whom is leasedor in whose name is listed the telephone line to which the pen register or trapand trace device is to be attached;
(ii) The identity of the person who is the subject of thecriminal investigation;
(iii) The number and physical location of the telephone lineto which the pen register or trap and trace device is to be attached and, inthe case if a trap and trace device, the geographic limits of the trap andtrace order;
(iv) A statement of the offense to which the informationlikely to be obtained by the pen register or trap and trace device is relevant;and
(v) Shall direct, upon the request of the applicant, thefurnishing of information, facilities, and technical assistance necessary toaccomplish the installation of the pen register or trap and trace device under§ 12-5.2-4.
(b) An order issued pursuant to this section shall authorizethe installation and use of a pen register or a trap and trace device for aperiod not to exceed sixty (60) days.
(c) Extensions of the order may be granted only upon anapplication for an order pursuant to § 12-5.2-2, and upon the judicialfinding required by subdivision (a)(1) of this section. The period of extensionshall be a period not to exceed sixty (60) days.
(d) An order authorizing or approving the installation anduse of a pen register or a trap and trace device shall direct that:
(1) The order is sealed until otherwise ordered by the court;and
(2) The person owning or leasing the line to which the penregister or a trap and trace device is attached, or who has been ordered by thecourt to provide assistance to the applicant, not disclose the existence of thepen register or trap and trace device or the existence of the investigation tothe listed subscriber, or to any other person, unless or until otherwiseordered by the court.