18 U.S.C. § 3122

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 3122 - Application for an order for a pen register or a trap and trace device
(a) APPLICATION.-
(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.
(b) CONTENTS OF APPLICATION.-An application under subsection (a) of this section shall include-
(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

18 U.S.C. § 3122

Added Pub. L. 99-508, title III, §301(a), Oct. 21, 1986, 100 Stat. 1869.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99-508 set out as a note under section 3121 of this title.

State
the term "State" means a State, the District of Columbia, Puerto Rico, and any other possession or territory of the United States.
court of competent jurisdiction
the term "court of competent jurisdiction" means-(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-(i) has jurisdiction over the offense being investigated;(ii) is in or for a district in which the provider of a wire or electronic communication service is located;(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title; or(B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;
pen register
the term "pen register" means a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication, but such term does not include any device or process 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 or process 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;
trap and trace device
the term "trap and trace device" means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, provided, however, that such information shall not include the contents of any communication;