2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title T - PROCEDURES FOR SECURING EVIDENCE BY MEANS OF COURT ORDER AND FOR SUPPRESSING EVIDENCE UNLAWFULLY OR IMPROPERLY OBTAINED
Article 705 - (705.00 - 705.35) PEN REGISTERS AND TRAP AND TRACE DEVICES
705.15 - Application for an order authorizing the use of a pen register or a trap and trace device.

 
  §  705.15 Application for an order authorizing the use of a pen register
               or a trap and trace device.
    1. An ex parte application for an order or an extension  of  an  order
  authorizing the use of a pen register or a trap and trace device must be
  made to a justice in writing, and must be subscribed and sworn to by the
  applicant.
    2. The application must contain:
    (a)  The  identity  of  the  applicant  and  the  identity  of the law
  enforcement agency conducting the investigation; and
    (b) A statement of facts and circumstances sufficient to  justify  the
  applicant's  belief  that an order authorizing the use of a pen register
  or a trap and trace device should be issued, including (i)  a  statement
  of  the  specific  facts  on the basis of which the applicant reasonably
  suspects that the designated crime has been, is being, or is about to be
  committed and demonstrating that the information likely to  be  obtained
  by  use  of  a  pen  register  or  a trap and trace device is or will be
  relevant  to  an  ongoing  criminal  investigation  of  such  designated
  offense, (ii) the identity, if known, of the person to whom is leased or
  in  whose name is listed the telephone line to which the pen register or
  trap and trace device is to be attached, (iii) the identity,  if  known,
  of the person who is the subject of the criminal investigation, (iv) the
  number  and,  if  known,  the physical location of the telephone line to
  which the pen register or trap and trace device is to be  attached  and,
  in  the  case  of  a trap and trace device, the geographic limits of the
  trap and trace order, and (v) a statement of  the  designated  crime  or
  crimes  to which the information likely to be obtained by the use of the
  pen register or trap and trace device relates; and
    (c) A statement of the period of time for which the authorization  for
  the use of a pen register or a trap and trace device is required; and
    (d)  A  statement  of  the facts concerning all previous applications,
  known to the applicant, for an  order  authorizing  the  use  of  a  pen
  register or a trap and trace device involving any of the same persons or
  facilities  specified  in  the  application, and the action taken by the
  justice on each such application.
    3. Allegations of fact in the application may be based either upon the
  personal knowledge of the applicant or upon information and  belief.  If
  the  applicant personally knows the facts alleged, it must be so stated.
  If the facts stated in the application are derived in whole or  in  part
  from  the statements of persons other than the applicant, the sources of
  such facts must be either disclosed or described.