2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5773 - Issuance of an order for use of certain devices.

     § 5773.  Issuance of an order for use of certain devices.
        (a)  In general.--Upon an application made under section 5772
     (relating to application for an order for use of certain
     devices), the court shall enter an ex parte order authorizing
     the installation and use of a pen register, a trap and trace
     device or a telecommunication identification interception device
     within the jurisdiction of the court 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.
        (b)  Contents of order.--An order issued under this section
     shall:
            (1)  Specify:
                (i)  That there is probable cause to believe that
            information relevant to an ongoing criminal investigation
            will be obtained from the targeted telephone.
                (ii)  The identity, if known, of the person to whom
            is leased or in whose name is listed the targeted
            telephone, or, in the case of the use of a
            telecommunication identification interception device, the
            identity, if known, of the person or persons using the
            targeted telephone.
                (iii)  The identity, if known, of the person who is
            the subject of the criminal investigation.
                (iv)  In the use of pen registers and trap and trace
            devices only, the physical location of the targeted
            telephone.
                (v)  A statement of the offense to which the
            information likely to be obtained by the pen register,
            trap and trace device or the telecommunication
            identification interception device relates.
            (2)  Direct, upon the request of the applicant, the
        furnishing of information, facilities and technical
        assistance necessary to accomplish the installation of the
        pen register under section 5771 (relating to general
        prohibition on use of certain devices and exception).
            (3)  In the case of a telecommunication identification
        interception device, direct that all interceptions be
        recorded and monitored in accordance with section 5714(a)(1)
        and (2) and (b) (relating to recording of intercepted
        communications).
        (c)  Time period and extensions.--
            (1)  An order issued under this section shall authorize
        the installation and use of a pen register, trap and trace
        device or a telecommunication identification interception
        device for a period not to exceed 30 days.
            (2)  Extensions of such an order may be granted but only
        upon an application for an order under section 5772 and upon
        the judicial finding required by subsection (a). The period
        of each extension shall be for a period not to exceed 30
        days.
        (d)  Nondisclosure of existence of pen register, trap and
     trace device or a telecommunication identification interception
     device.--An order authorizing or approving the installation and
     use of a pen register, a trap and trace device or a
     telecommunication identification interception device shall
     direct that:
            (1)  The order be sealed until otherwise ordered by the
        court.
            (2)  The person owning or leasing the targeted telephone,
        or who has been ordered by the court to provide assistance to
        the applicant, not disclose the existence of the pen
        register, trap and trace device or telecommunication
        identification interception device or the existence of the
        investigation to the listed subscriber, or to any other
        person, unless or until otherwise ordered by the court.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        Cross References.  Section 5773 is referred to in sections
     5771, 5772, 5774 of this title.