JurisdictionNew YorkLaw CPLCriminal Procedure
Title TProcedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained
Part 3Special Proceedings and Miscellaneous Procedures
Art. 705Pen Registers and Trap and Trace Devices
This text of New York § 705.35 (Assistance in installation and use of a pen register or a trap and trace device) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 705.35 Assistance in installation and use of a pen register or a trap\n and trace device.\n 1. Upon the request of an applicant authorized to use a pen register\nunder this article, a provider of a wire or electronic communication\nservice, landlord, custodian, or other person shall furnish such\napplicant, or his agent, forthwith all information, facilities and\ntechnical assistance necessary to accomplish the installation of the pen\nregister unobtrusively and with a minimum of interference with the\nservices that the person so ordered by the court accords the party with\nrespect to whom the installation and use is to take place, if such\nassistance is directed by a court order as provided in section 705.10 of\nthis article.\n 2. Upon the request of an applicant author
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§ 705.35 Assistance in installation and use of a pen register or a trap\n and trace device.\n 1. Upon the request of an applicant authorized to use a pen register\nunder this article, a provider of a wire or electronic communication\nservice, landlord, custodian, or other person shall furnish such\napplicant, or his agent, forthwith all information, facilities and\ntechnical assistance necessary to accomplish the installation of the pen\nregister unobtrusively and with a minimum of interference with the\nservices that the person so ordered by the court accords the party with\nrespect to whom the installation and use is to take place, if such\nassistance is directed by a court order as provided in section 705.10 of\nthis article.\n 2. Upon the request of an applicant authorized to receive the results\nof a trap and trace device under this article, a provider of a wire or\nelectronic communication service, landlord, custodian, or other person\nshall install such device forthwith on the appropriate line and shall\nfurnish such applicant forthwith all information, facilities and\ntechnical assistance including installation and operation of the device\nunobtrusively and with a minimum of interference with the services that\nthe person so ordered by the court accords the party with respect to\nwhom the installation and use is to take place, if such installation and\nassistance is directed by the court order as provided in section 705.10\nof this article. Unless otherwise ordered by the court, the results of\nthe trap and trace device shall be furnished to the applicant, or his\nagent, at reasonable intervals during regular business hours for the\nduration of the order.\n 3. A provider of a wire or electronic communication service,\nlandlord, custodian, or other person who furnishes facilities or\ntechnical assistance pursuant to this section shall be reasonably\ncompensated for such reasonable expenses incurred in providing such\nfacilities and assistance.\n 4. No cause of action shall lie in any court against any provider of a\nwire or electronic communication service, its officers, employees,\nagents or other specified persons for providing information, facilities\nor assistance in accordance with the terms of a court order under this\narticle. A good faith reliance by a provider of a wire or electronic\ncommunication service upon the validity of a court order issued pursuant\nto this article is a complete defense against any civil cause of action\nor criminal action based entirely on a failure to comply with this\narticle.\n