18 U.S.C. § 3122

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

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

(a)Application.—(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title 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 a court of competent jurisdiction.(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title 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 a court of competent jurisdiction of such State.(b)Contents of Application.—An application under subsection (a) of this section shall include—(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and(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.(Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.

Notes of Decisions

Cited in 65 cases, 1988–2018 · leading case: In Re the United States for an Order Authorizing the Use of a Pen Register & a Trap & Trace Device, 396 F. Supp. 2d 294 (E.D.N.Y 2005).

Sort: Relevance Newest Treatment

In Re the United States for an Order Authorizing the Use of a Pen Register & a Trap & Trace Device, 396 F. Supp. 2d 294 (E.D.N.Y 2005). · cites it 3× “Pursuant to 18 U.S.C. §§ 3122 and 3123, [an order] authorizing the continued installation and use of a pen register and the use of a trap and trace device for a period of sixty days .”

In Re US for an Order Aut. Dis. of Prosp. Cell, 412 F. Supp. 2d 947 (E.D. Wis. 2006). · cites it 4× “” 18 U.S.C. § 3122 (b)(2). In turn, disclosure of cell site information requires a further demonstration by a government attorney of “specific and articulable facts showing that there are reasonable grounds to believe that the contents of a wire or electronic communication, or…”

Saldana v. State, 846 P.2d 604 (Wyo. 1993). · cites it 2× “] shall be valid and lawful notwithstanding such amendments if such order or installation occurs during the period beginning on the date such amendments take effect and ending on the earlier of (1) the day before the date of the taking effect of changes in State law required…”

United States v. Forrester, 512 F.3d 500 (9th Cir. 2008). “7 Under both the old and new versions of 18 U.S.C. § 3122 , the government must apply for and obtain a court order before it can install and use a pen register.”

In Re United States of Am. for an Order Authorizing the Installation & Use of a Pen Register, 415 F. Supp. 2d 211 (W.D.N.Y. 2006). · cites it 2× “The government contends that this Court is specifically authorized to require the TSP to provide cell site location information to law enforcement agents on a “real time” basis pursuant to a combination of 18 U.S.C. §§ 3122 , 3123 (The Pen Register and Trap and Trace Statute…”

In Re the United States for an Order Authorizing the Use of Two Pen Register & Trap & Trace Devices, 632 F. Supp. 2d 202 (E.D.N.Y 2008). · cites it 2× “Whereas an alien can be detained under Section 1231(a)(6) upon an exercise of discretion of the Secretary of Homeland Security, each application for disclosure under the hybrid theory must be approved by a federal judge — an official uniquely suited to consider constitutional…”

In Re Application for Pen Register & Trap/Trace Device With Cell Site Location Auth., 396 F. Supp. 2d 747 (S.D. Tex. 2005). “” 18 U.S.C. § 3122 (b)(2). Upon that certification, the court must enter an ex parte order.”

In re Jason Leopold to Unseal Certain Elec. Surveillance Applications, 300 F. Supp. 3d 61 (D.C. Cir. 2018). “" 18 U.S.C. § 3122 (a)(1). PR/TT devices are devices or processes that record outgoing and incoming signals from an instrument or facility that transmits or receives an "electronic communication," and can be used to identify the source or recipient of that communication, *83…”

In Re Applic. of US for an Order for Disclosure, 405 F. Supp. 2d 435 (S.D.N.Y. 2005). · cites it 2× “18 U.S.C. § 3122 (b)(1), (2). Orders requiring the installation of a pen register may not exceed 60 days, though they may be extended for additional 60-day periods if the required showing is made.”

In Re United States of Am., 10 F.3d 931 (2d Cir. 1993). · cites it 2× “” See 18 U.S.C. § 3122 (a). Unlike the definition of “judge of competent jurisdiction” in the wiretapping provisions of Title III, the definition of “court of competent jurisdiction” in the Privacy Act specifically includes federal magistrates.”

In Re Application of US, 727 F. Supp. 2d 571 (W.D. Tex. 2010). · cites it 2× “This matter comes before the Court pursuant to a written and sworn application under 18 U.S.C. §§ 3122 (a)(1), 3127(5), 2703(c)(1)(B) & (d) and FED.”

In Matter of Application of US for an Order, 411 F. Supp. 2d 678 (W.D. La. 2006). “18 U.S.C. § 3122 (b). The instant application meets that standard and is otherwise in good form.”

Show all 65 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.