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
705.35 - Assistance in installation and use of a pen register or a trap and trace device.


NY Crim Pro L § 705.35 (2012) What's This?
 
  § 705.35  Assistance in installation and use of a pen register or a trap
               and trace device.
    1.   Upon the request of an applicant authorized to use a pen register
  under this article, a provider of a  wire  or  electronic  communication
  service,  landlord,  custodian,  or  other  person  shall  furnish  such
  applicant, or his  agent,  forthwith  all  information,  facilities  and
  technical assistance necessary to accomplish the installation of the pen
  register  unobtrusively  and  with  a  minimum  of interference with the
  services that the person so ordered by the court accords the party  with
  respect  to  whom  the  installation  and  use is to take place, if such
  assistance is directed by a court order as provided in section 705.10 of
  this article.
    2.  Upon the request of an applicant authorized to receive the results
  of a trap and trace device under this article, a provider of a  wire  or
  electronic  communication  service, landlord, custodian, or other person
  shall install such device forthwith on the appropriate  line  and  shall
  furnish   such  applicant  forthwith  all  information,  facilities  and
  technical assistance including installation and operation of the  device
  unobtrusively  and with a minimum of interference with the services that
  the person so ordered by the court accords the  party  with  respect  to
  whom the installation and use is to take place, if such installation and
  assistance  is directed by the court order as provided in section 705.10
  of this article.  Unless otherwise ordered by the court, the results  of
  the  trap  and  trace device shall be furnished to the applicant, or his
  agent, at reasonable intervals during regular  business  hours  for  the
  duration of the order.
    3.    A  provider  of  a  wire  or  electronic  communication service,
  landlord,  custodian,  or  other  person  who  furnishes  facilities  or
  technical  assistance  pursuant  to  this  section  shall  be reasonably
  compensated for such reasonable  expenses  incurred  in  providing  such
  facilities and assistance.
    4. No cause of action shall lie in any court against any provider of a
  wire  or  electronic  communication  service,  its  officers, employees,
  agents or other specified persons for providing information,  facilities
  or  assistance  in accordance with the terms of a court order under this
  article. A good faith reliance by a provider of  a  wire  or  electronic
  communication service upon the validity of a court order issued pursuant
  to  this article is a complete defense against any civil cause of action
  or criminal action based entirely on  a  failure  to  comply  with  this
  article.

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