N.H. Admin. Code § Jus 1506.03

Current through Register No. 45, November 7, 2024

Section Jus 1506.03 - Form of Application

(a) An application for the issuance of a written demand, pursuant to RSA 7:6-b, shall be in letter form, unless an oral application is accepted by the person to whom the application is directed. An oral application shall only be accepted if the person to whom the application is directed determines that there are circumstances of urgency that warrant a waiver of the requirement of a written application.

(b) The application, whether oral or in writing, shall include the following information:

(1) The applicant's name;

(2) The name and address of the law enforcement agency with whom the applicant is employed;

(3) The date of the application;

(4) The alleged unlawful conduct under investigation;

(5) The telephone number, screen name, subscriber name or other subscriber identifier for the service about which information is being sought;

(6) The name, address, telephone and fax number of the communications common carrier from whom information is being sought;

(7) The specific information sought from the communications common carrier, limited to the following, which is reasonably related to the investigation of the alleged unlawful conduct:

a. The names and addresses of persons to whom stated listed or unlisted telephone numbers are assigned;

b. The names and addresses of persons to whom any stated or identified services are provided;

c. Any local and long distance billing records for any subscriber to, or customer of telephone service or wireless telephone service as defined in RSA 638:21, XI;

d. The length of service provided to a subscriber or customer by the communications common carrier;

e. The types of services provided to the subscriber or customer by the communications common carrier; and

f. The telephone number or other subscriber number or identity; and

(8) A description of the facts that form the applicant's reasonable grounds for belief that the service being furnished by the communications common carrier to the targeted person or location has been, is being, or may be used for an unlawful purpose.

(c) If an oral application is accepted, the attorney who received such application shall prepare a written memorandum documenting the information submitted by the applicant under Jus 1506.03(b) and the basis upon which the requirement of a written application was waived.

N.H. Admin. Code § Jus 1506.03