N.Y. Criminal Procedure Law Section 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.

Source: Section 705.20 — Orders authorizing the use of a pen register or a trap and trace device; determination of application, https://www.­nysenate.­gov/legislation/laws/CPL/705.­20 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Green check means up to date. Up to date

Accessed:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 705.20’s source at nysenate​.gov

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