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This entry was published on 2014-09-22
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SECTION 705.15
Application for an order authorizing the use of a pen register or a trap and trace device
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 705
§ 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.