§ 29-29.3-05 — Assistance in installation and use of a pen register or a trap and trace device

North Dakota § 29-29.3-05

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

Text

device.
1. Upon the request of the attorney general, assistant attorney general, state's attorney,
or assistant state's attorney or an officer of a law enforcement agency authorized to
install and use a pen register under this chapter, a provider of wire or electronic
communication service, landlord, custodian, or other person shall furnish the
investigative or law enforcement officer all information, facilities, and technical
assistance necessary to accomplish the installation of the pen register unobtrusively
and with a minimum of interference with the services that the person so ordered by the
court accords the party with respect to whom the installation and use is to take place, if
such assistance is directed by a court order as provided in this chapter.
2. Upon the request of the attorney general, assistant attorney general, state's attorney,
or assistant state's attorney or an officer of a law enforcement agency authorized to
receive the results of a trap and trace device under this chapter, a provider of a wire or
electronic communication service, landlord, custodian, or other person shall install the
device on the appropriate line and shall furnish the investigative or law enforcement
officer all additional information, facilities, and technical assistance, including
installation and operation of the device, unobtrusively and with a minimum of
interference with the services that the person so ordered by the court accords the
party with respect to whom the installation and use is to take place, if such installation
and assistance is directed by a court order as provided in this chapter. Unless
otherwise ordered by the court, the results of the trap and trace device must be
furnished to the officer of a law enforcement agency designated by the court at
reasonable intervals during regular business hours for the duration of the order.
3. A provider of a wire or electronic communication service, landlord, custodian, or other
person who furnishes facilities or technical assistance under this section must be
reasonably compensated for reasonable expenses incurred in providing the facilities
and assistance.
4. No cause of action lies in any court against any provider of a wire or electronic
communication service, its officers, employees, agents, or other specified persons for
providing information, facilities, or assistance in accordance with the terms of a court
order under this chapter.
5. A good-faith reliance on a court order, a legislative authorization, or a statutory
authorization is a complete defense against any civil or criminal action brought under
this chapter or any other law.