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This entry was published on 2014-09-22
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SECTION 705.20
Orders authorizing the use of a pen register or a trap and trace device; determination of application
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 705
§ 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.