§ 705.15 — Application for an order authorizing the use of a pen register or a trap and trace device

New York § 705.15

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title T: Procedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 705: Pen Registers and Trap and Trace Devices

Text

§ 705.15 Application for an order authorizing the use of a pen register\n or a trap and trace device.\n 1. An ex parte application for an order or an extension of an order\nauthorizing the use of a pen register or a trap and trace device must be\nmade to a justice in writing, and must be subscribed and sworn to by the\napplicant.\n 2. The application must contain:\n (a) The identity of the applicant and the identity of the law\nenforcement agency conducting the investigation; and\n (b) A statement of facts and circumstances sufficient to justify the\napplicant's belief that an order authorizing the use of a pen register\nor a trap and trace device should be issued, including (i) a statement\nof the specific facts on the basis of which the applicant reasonably\nsuspects that the designated crime has been, is being, or is about to be\ncommitted and demonstrating that the information likely to be obtained\nby use of a pen register or a trap and trace device is or will be\nrelevant to an ongoing criminal investigation of such designated\noffense, (ii) the identity, if known, of the person to whom is leased or\nin whose name is listed the telephone line to which the pen register or\ntrap and trace device is to be attached, (iii) the identity, if known,\nof the person who is the subject of the criminal investigation, (iv) the\nnumber and, if known, the physical location of the telephone line to\nwhich the pen register or trap and trace device is to be attached and,\nin the case of a trap and trace device, the geographic limits of the\ntrap and trace order, and (v) a statement of the designated crime or\ncrimes to which the information likely to be obtained by the use of the\npen register or trap and trace device relates; and\n (c) A statement of the period of time for which the authorization for\nthe use of a pen register or a trap and trace device is required; and\n (d) A statement of the facts concerning all previous applications,\nknown to the applicant, for an order authorizing the use of a pen\nregister or a trap and trace device involving any of the same persons or\nfacilities specified in the application, and the action taken by the\njustice on each such application.\n 3. Allegations of fact in the application may be based either upon the\npersonal knowledge of the applicant or upon information and belief. If\nthe applicant personally knows the facts alleged, it must be so stated.\nIf the facts stated in the application are derived in whole or in part\nfrom the statements of persons other than the applicant, the sources of\nsuch facts must be either disclosed or described.\n