Florida Statutes

Fla. Stat. § 934.32 (2025)

Application for an order for a pen register or a trap and trace device.

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934.32 Application for an order for a pen register or a trap and trace device.—

(1)(a) The Governor, the Attorney General, a state attorney, the statewide prosecutor, or a designated assistant state attorney or assistant statewide prosecutor may make application for an order or an extension of an order under s. 934.33 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to the judge of a court of competent jurisdiction.

(b) An investigative or law enforcement officer may make application for an order or an extension of an order under s. 934.33 authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to the judge of a court of competent jurisdiction.

(2) An application under subsection (1) must include:

(a) The identity of the applicant specified in the section and the identity of the law enforcement agency conducting the investigation, and

(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency.

History.—s. 10, ch. 88-184.

Notes of Decisions

Cited in 6 cases, 1989–2015 · leading case: Shawn Alvin Tracey v. State of Florida, 152 So. 3d 504 (Fla. 2014).

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Shawn Alvin Tracey v. State of Florida, 152 So. 3d 504 (Fla. 2014). · cites it 7× “33(1), Florida Statutes (2007), allowed entry of the order if the officer making the application under section 934.32, Florida Statutes (2007), certified that the information likely to be obtained by the installation and use of a pen register or trap and trace device is…”

State v. Jackson, 650 So. 2d 24 (Fla. 1995). · cites it 2× “[1] See §§ 934.32, .33, Fla. Stat. (1991). The detectives monitored the numbers called into Jackson's display pager and determined *26 that the numbers included a two- or three-digit code that identified the caller, the caller's telephone number, and the amount of drugs the…”

Shaktman v. State, 553 So. 2d 148 (Fla. 1989). “[12] §§ 934.32-934.33, Fla. Stat. (Supp. 1988) (effective October 1, 1988.”

Jackson v. State, 636 So. 2d 1372 (Fla. 2d DCA 1994). · cites it 3× “88-184, § 2, at 1022 (codified as amended at § 934.03(2)(i)1.”

United States v. Jophaney Hyppolite, 609 F. App'x 597 (11th Cir. 2015). “Law enforcement monitored and tracked the movement of the target telephone for twelve days after receiving the court order allowing them to do so in accordance with Fla. Stat. § 934.32 . On December 8, 2010, an investigating agent received cell-cite locations for the target…”

Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011). “42(2)(c), Fla. Stat. (2009). Similar to the SCA, section 934.”

— 934.32(1)(b) — 1 case

Jackson v. State, 636 So. 2d 1372 (Fla. 2d DCA 1994). “88-184, § 2, at 1022 (codified as amended at § 934.03(2)(i)1.”

— 934.32(2) — 1 case

Jackson v. State, 636 So. 2d 1372 (Fla. 2d DCA 1994). “88-184, § 2, at 1022 (codified as amended at § 934.03(2)(i)1.”

— 934.32(2)(b) — 1 case

Shawn Alvin Tracey v. State of Florida, 152 So. 3d 504 (Fla. 2014). “33(1), Florida Statutes (2007), allowed entry of the order if the officer making the application under section 934.32, Florida Statutes (2007), certified that the information likely to be obtained by the installation and use of a pen register or trap and trace device is…”

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