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Criminal Procedure Law

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Article 705 - NY Criminal Procedure Law

PEN REGISTERS AND TRAP AND TRACE DEVICES

Section Description
705.00Definitions
705.05Pen register and trap and trace authorizations; in general.
705.10Orders authorizing the use of a pen register or a trap and trace device; when issuable.
705.15Application for an order authorizing the use of a pen register or a trap and trace device.
705.20Orders authorizing the use of a pen register or a trap and trace device; determination of application.
705.25Pen register or trap and trace device orders; time period and extensions.
705.30Nondisclosure of existence of pen register or a trap and trace device.
705.35Assistance in installation and use of a pen register or a trap and trace device.
S 705.00 Definitions.
  As used in this article, the following terms have the following
meanings:
  1. "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.
  2. "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.
  3. "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.
  4. "Law enforcement agency" means any agency which is empowered by law
to conduct an investigation or to make an arrest for a felony, and any
agency which is authorized by law to prosecute or participate in the
prosecution of a felony.
  5. "Designated crime" means any crime included within the definition
of a "designated offense" in subdivision eight of section 700.05 of this
chapter, any criminal act as defined in subdivision one of section
460.10 of the penal law, bail jumping in the first and second degree as
defined in sections 215.57 and 215.56 of such law, or  aggravated
harassment as defined in subdivisions one and two of section 240.30 of
such law.
  6. "Justice" means justice as defined in subdivision four of section
700.05 of this chapter.

S 705.05 Pen register and trap and trace authorizations; in general.
  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.

S 705.10 Orders authorizing the use of a pen register or a trap and
               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.

S 705.15 Application for an order authorizing the use of a pen register
               or a trap and trace device.
  1. An ex parte application for an order or an extension of an order
authorizing the use of a pen register or a trap and trace device must be
made to a justice in writing, and must be subscribed and sworn to by the
applicant.
  2. The application must contain:
  (a) The identity of the applicant and the identity of the law
enforcement agency conducting the investigation; and
  (b) A statement of facts and circumstances sufficient to justify the
applicant`s belief that an order authorizing the use of a pen register
or a trap and trace device should be issued, including (i) a statement
of the specific facts on the basis of which the applicant reasonably
suspects that the 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 a trap and trace device is or will be
relevant to an ongoing criminal investigation of such designated
offense, (ii) the identity, if known, of the person to whom is leased or
in whose name is listed the telephone line to which the pen register or
trap and trace device is to be attached, (iii) the identity, if known,
of the person who is the subject of the criminal investigation, (iv) the
number and, if known, the physical location of the telephone line to
which the pen register or trap and trace device is to be attached and,
in the case of a trap and trace device, the geographic limits of the
trap and trace order, and (v) a statement of the designated crime or
crimes to which the information likely to be obtained by the use of the
pen register or trap and trace device relates; and
  (c) A statement of the period of time for which the authorization for
the use of a pen register or a trap and trace device is required; and
  (d) A statement of the facts concerning all previous applications,
known to the applicant, for an order authorizing the use of a pen
register or a trap and trace device involving any of the same persons or
facilities specified in the application, and the action taken by the
justice on each such application.
  3. Allegations of fact in the application may be based either upon the
personal knowledge of the applicant or upon information and belief. If
the applicant personally knows the facts alleged, it must be so stated.
If the facts stated in the application are derived in whole or in part
from the statements of persons other than the applicant, the sources of
such facts must be either disclosed or described.

S 705.20 Orders authorizing the use of a pen register or a trap and
               trace device; determination of application.
  1. If the justice determines on the basis of the facts submitted by
the applicant that grounds exist for the issue of an order authorizing
the use of a pen register or a trap and trace device pursuant to section
705.10 of this article, the justice shall grant the application and
issue an order authorizing the use of a pen register or a trap and trace
device, in accordance with subdivision three of this section.
  2. If the application does not conform to section 705.15 of this
article, or if the justice is not satisfied that grounds exist for the
issuance of an order authorizing the use of a pen register or a trap and
trace device, the application must be denied.
  3. An order issued under this section must contain:
  (a) the name of the applicant, date of issuance, and the subscription
and title of the issuing justice; and
  (b) the identity, if known, of the person to whom is leased or in
whose name is listed the telephone line to which the pen register or
trap and trace device is to be attached; and
  (c) the identity, if known, of the person who is the subject of the
criminal investigation; and
  (d) the number and, if known, the physical location of the telephone
line to which the pen register or trap and trace device is to be
attached and, in the case of a trap and trace device, the geographic
limits of the trap and trace order; and
  (e) a statement of the designated crime or crimes to which the
information likely to be obtained by the pen register or trap and trace
device relates.
  4. An order issued under this section 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 or trap and trace device under section 705.25 of this article.

S 705.25 Pen register or trap and trace device orders; time period and
               extensions.
  1.  An order issued under this section shall authorize the
installation and use of a pen register or a trap and trace device for a
period not to exceed sixty days.
  2.  Extensions of such an order may be granted, but only upon an
application for an order under section 705.05 of this article and upon
the judicial finding required by subdivision one of section 705.10 of
this article.  The period of extension shall be for a period not to
exceed sixty days.

S 705.30  Nondisclosure of existence of pen register or a trap and
             trace device.
  An order authorizing or approving the installation and use of a pen
register or a trap and trace device shall direct that:
  1. the order be sealed until otherwise ordered by the court; and
  2. the person owning or leasing the line to which the pen register or
a trap and trace device is attached, or who has been ordered by the
court to provide assistance to the applicant, not disclose the existence
of the pen register or trap and trace device or the existence of the
investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.

S 705.35 Assistance in installation and use of a pen register or a trap
               and trace device.
  1.  Upon the request of an applicant authorized to use a pen register
under this article, a provider of a wire or electronic communication
service, landlord, custodian, or other person shall furnish such
applicant, or his agent, forthwith all information, facilities and
technical assistance necessary to accomplish the installation of the pen
register unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the installation and use is to take place, if such
assistance is directed by a court order as provided in section 705.10 of
this article.
  2.  Upon the request of an applicant authorized to receive the results
of a trap and trace device under this article, a provider of a wire or
electronic communication service, landlord, custodian, or other person
shall install such device forthwith on the appropriate line and shall
furnish such applicant forthwith all information, facilities and
technical assistance including installation and operation of the device
unobtrusively and with a minimum of interference with the services that
the person so ordered by the court accords the party with respect to
whom the installation and use is to take place, if such installation and
assistance is directed by the court order as provided in section 705.10
of this article.  Unless otherwise ordered by the court, the results of
the trap and trace device shall be furnished to the applicant, or his
agent, at reasonable intervals during regular business hours for the
duration of the order.
  3.  A provider of a wire or electronic communication service,
landlord, custodian, or other person who furnishes facilities or
technical assistance pursuant to this section shall be reasonably
compensated for such reasonable expenses incurred in providing such
facilities and assistance.
  4. No cause of action shall lie in any court against any provider of a
wire or electronic communication service, its officers, employees,
agents or other specified persons for providing information, facilities
or assistance in accordance with the terms of a court order under this
article. A good faith reliance by a provider of a wire or electronic
communication service upon the validity of a court order issued pursuant
to this article is a complete defense against any civil cause of action
or criminal action based entirely on a failure to comply with this
article.

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