18 U.S.C. § 3125

Emergency pen register and trap and trace device installation

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(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—(1) an emergency situation exists that involves—(A) immediate danger of death or serious bodily injury to any person;(B) conspiratorial activities characteristic of organized crime;(C) an immediate threat to a national security interest; or(D) an ongoing attack on a protected computer (as defined in section 1030) that constitutes a crime punishable by a term of imprisonment greater than one year;that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use;may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter.(d) A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.(Added Pub. L. 100–690, title VII, § 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410; amended Pub. L. 103–322, title XXXIII, § 330008(3), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104–294, title VI, § 601(f)(5), Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107–296, title XXII, § 2207(i), formerly title II, § 225(i), Nov. 25, 2002, 116 Stat. 2158, renumbered § 2207(i), Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.)Editorial NotesPrior Provisions

A prior section 3125 was renumbered section 3126 of this title.

Amendments

2002—Subsec. (a)(1)(C), (D). Pub. L. 107–296 added subpars. (C) and (D).

1996—Subsec. (a). Pub. L. 104–294 struck out closing quotation mark at end.

1994—Subsec. (a). Pub. L. 103–322, § 330008(3)(A), (B), substituted “use;” for “use’ ” in par. (2) and directed that matter beginning with “may have installed” and ending with “section 3123 of this title” be realigned so that it is flush to the left margin, which was executed to text containing a period after “section 3123 of this title”, to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 103–322, § 330008(3)(C), substituted “provider of” for “provider for”.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective 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 5 cases (1 in the last 5 years), 2005–2024 · leading case: United States v. Ellis, 270 F. Supp. 3d 1134 (N.D. Cal. 2017).

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United States v. Ellis, 270 F. Supp. 3d 1134 (N.D. Cal. 2017). · cites it 6× “18 U.S.C. § 3125 . The provision for “Emergency Pen Register And Trap And Trace Device Installation” narrowly defines a covered “emergency” to involve specific circumstances, two of which the government asserts authorized the use of the emergency provisions here: (A) immediate…”

Daniel Rodriguez v. Paul Copenhaver, 823 F.3d 1238 (9th Cir. 2016). · cites it 2× “Because the issue is not before us, we need not decide whether the BOP was free to consider the Chief Judge’s letter, as long as it made clear that it was not being considered as the views of the sentencing judge.”

In Re Applic. of US for an Order for Disclosure, 405 F. Supp. 2d 435 (S.D.N.Y. 2005). “18 U.S.C. § 3125 . The Pen Register Statute explicitly excludes from its definition "the contents of any communication" an exclusion not relevant to the instant application as there is no effort to obtain the contents of any telephone calls.”

Lamb v. Capra (E.D.N.Y 2024). · cites it 5× “, and ruled that the location data was properly obtained without a warrant pursuant to 18 U.S.C. § 3125 (a) because an emergency situation existed at the time.”

In re the United States, 405 F. Supp. 2d 435 (S.D.N.Y. 2005). “18 U.S.C. § 3125 . The Pen Register Statute explicitly excludes from its definition “the contents of any communication” — an exclusion not relevant to the instant application as there is no effort to obtain the contents of any telephone calls.”

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