§ 29-29.3-04 — Issuance of an order for a pen register or a trap and trace device - Notice

North Dakota § 29-29.3-04

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-29.3: Pen Registers and Trap and Trace Devices

Text

1. Upon an application made under this chapter, the court shall enter an ex parte order
authorizing the installation and use of a pen register or a trap and trace device within
the jurisdiction of the court if the court finds that the attorney general, assistant
attorney general, state's attorney, or assistant state's attorney or the law enforcement
or investigative officer has certified to the court that the information likely to be
obtained by such installation and use is relevant to ongoing criminal investigation.
2. An order issued under this section:
a. Must specify:
(1) 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;
(2) The identity, if known, of the person who is the subject of the criminal
investigation;
(3) The number and, if known, 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
(4) A statement of the offense to which the information likely to be obtained by
the pen register or trap and trace device relates.
b. Must 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 this chapter.
3. An order issued under this section authorizes the installation and use of a pen register
or a trap and trace device for a period not to exceed sixty days. Extensions of the
order may be granted, but only upon an application for an order under this chapter and
upon the judicial finding required by subsection 1. The period of extension may not
exceed sixty days.
4. An order authorizing or approving the installation and use of a pen register or a trap
and trace device must direct that:
a. The order be sealed until otherwise ordered by the court; and
b. The person owning or leasing the line to which the pen register or a trap and
trace device is attached, or who has been ordered by the court to provide
assistance to the applicant, not disclose the existence of the pen register or trap
and trace device or the existence of the investigation to the listed subscriber, or to
any other person, unless otherwise ordered by the court.
5. Within a reasonable time, but not later than one year after the termination of the period
of an order or extension of an order, the judge to whom the application was presented
shall cause to be served on the persons named in the order or application, and on any
other party the notification of whom the judge determines is in the interest of justice,
notice of:
a. The fact of the entry of the order.
b. The date of the entry and the period of authorized installation and use of the pen
register or trap and trace device.

c. The fact that during the period of the order or extension information was obtained
through use of the pen register or trap and trace device.