§ 5772. Application for an order for use of certain devices.
(a) Application.--The Attorney General or a deputy attorney general designated in writing by the Attorney
General or a district attorney or an assistant district attorney designated in writing
by the district attorney may make application for an order or an extension of an order
under section 5773 (relating to issuance of an order for use of certain devices) authorizing
or approving disclosure of mobile communications tracking information or, if necessary,
the production and disclosure of mobile communications tracking information, the installation
and use of a pen register, a trap and trace device or a telecommunication identification
interception device under this subchapter, in writing, under oath or equivalent affirmation,
to a court of common pleas having jurisdiction over the offense under investigation
or to any Superior Court judge when an application for an order authorizing interception
of communications is or has been made for the targeted telephone or another application
for interception under this subchapter has been made involving the same investigation.
(b) Contents of application.--An application under subsection (a) shall include:
(1) The identity and authority of the attorney making the application and the identity
of the investigative or law enforcement agency conducting the investigation.
(2) A certification by the applicant that the information likely to be obtained is relevant
to an ongoing criminal investigation being conducted by that agency.
(3) An affidavit by an investigative or law enforcement officer which establishes probable
cause for the issuance of an order or extension of an order under section 5773.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60
days)
2012 Amendment. Act 202 amended subsec. (a).
1998 Amendment. Act 19 amended the section heading and subsec. (a).
Cross References. Section 5772 is referred to in section 5773 of this title.
Notes of Decisions
Commonwealth v. Pacheco, D., Aplt. (Pa. 2021).
· cites it 3× “21 See 18 Pa.C.S. § 5772 (b)(3) (requiring an “affidavit by an investigative or law enforcement officer which establishes probable cause for the issuance of an order or extension of an order under section 5773”).”
A. Buxton v. OAG (Pa. Commw. Ct. 2020).
“18 Pa.C.S. § 5772(a). 4 This Court was challenged in comprehending much of Buxton’s requests and brief.”
Com. v. Lewis, G. (Pa. Super. Ct. 2022).
“3d at 371 - 73; see also 18 Pa.C.S. § 5772(b)(3) (requiring that an application for an order under that section include an affidavit of probable cause).”
Com. v. Tunnell, J. (Pa. Super. Ct. 2023).
“18 Pa. C.S. § 5772(b). The court may grant the application and issue an order “if the court finds that there is probable cause to believe that information relevant to an ongoing criminal investigation will be obtained by such installation and use on the targeted telephone.”
— 18 Pa. Cons. Stat. § 5772(a) — 2 cases
A. Buxton v. OAG (Pa. Commw. Ct. 2020).
“18 Pa.C.S. § 5772(a). 4 This Court was challenged in comprehending much of Buxton’s requests and brief.”
Commonwealth v. Pacheco, D., Aplt. (Pa. 2021).
“21 See 18 Pa.C.S. § 5772 (b)(3) (requiring an “affidavit by an investigative or law enforcement officer which establishes probable cause for the issuance of an order or extension of an order under section 5773”).”
— 18 Pa. Cons. Stat. § 5772(b) — 1 case
Com. v. Tunnell, J. (Pa. Super. Ct. 2023).
“18 Pa. C.S. § 5772(b). The court may grant the application and issue an order “if the court finds that there is probable cause to believe that information relevant to an ongoing criminal investigation will be obtained by such installation and use on the targeted telephone.”
— 18 Pa. Cons. Stat. § 5772(b)(3) — 1 case
Com. v. Lewis, G. (Pa. Super. Ct. 2022).
“3d at 371 - 73; see also 18 Pa.C.S. § 5772(b)(3) (requiring that an application for an order under that section include an affidavit of probable cause).”
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