77-23a-15 - Order for installation -- Contents -- Duration -- Extension -- Disclosure.
77-23a-15. Order for installation -- Contents -- Duration -- Extension -- Disclosure.
(1) In general, upon an application made under Section 77-23a-14, the court shall enteran ex parte order authorizing the installation and use of a pen register or trap and trace devicewithin the jurisdiction of the court, if the court finds that the attorney for the government or thelaw enforcement or investigative officer has certified to the court that the information likely to beobtained by the installation and use is relevant to an ongoing criminal investigation.
(2) (a) An order issued under this section shall specify:
(i) the identity, if known, of the person to whom is leased or in whose name is listed thetelephone line to which the pen register or trap and trace device is to be attached;
(ii) the identity, if known, of the person who is the subject of the criminal investigation;
(iii) the number and, if known, physical location of the telephone line to which the penregister or trap and trace device is to be attached and, in the case of a trap and trace device, thegeographical limits of the trap and trace order; and
(iv) a statement of the offense to which the information likely to be obtained by the penregister or trap and trace device relates.
(b) The order shall direct, upon the request of the applicant, the furnishing of information,facilities, and technical assistance necessary to accomplish the installation of the pen register ortrap and trace device under Section 77-23a-16.
(3) (a) An order issued under this section may authorize the installation and use of a penregister or trap and trace device for a period not to exceed 60 days.
(b) Extensions of an order may be granted, but only upon an application for an orderunder Section 77-23a-14 and upon the judicial finding required by Subsection (1). The period ofextension shall be for a period not to exceed 60 days.
(4) An order authorizing or approving the installation and use of a pen register or trap andtrace device shall direct that:
(a) the order be sealed until otherwise ordered by the court; and
(b) the person owning or leasing the line to which the pen register or trap and trace deviceis attached, or who has been ordered by the court to provide assistance to the applicant, notdisclose the existence of the pen register or trap and trace device or the existence of theinvestigation to the listed subscriber, or to any other person, unless otherwise ordered by thecourt.
Enacted by Chapter 251, 1988 General Session