18-6722 — ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE DEVICE


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 67
                           COMMUNICATIONS SECURITY
    18-6722.  ISSUANCE OF AN ORDER FOR A PEN REGISTER OR A TRAP AND TRACE
DEVICE. (1) Upon an application made under section 18-6721, Idaho Code, the
court shall enter an ex parte order authorizing the installation and use of a
pen register or a trap and trace device within the jurisdiction of the court
if the court finds that the prosecuting attorney, the attorney general, or the
state law enforcement or investigative officer has certified to the court that
the information likely to be obtained by such installation and use is relevant
to an ongoing criminal investigation.
    (2)  An order issued under this section:
    (a)  Shall specify--
         1.  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;
         2.  The identity, if known, of the person who is the subject of the
         criminal investigation;
         3.  The number and, if known, 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
         4.  A statement of the offense to which the information likely to be
         obtained by the pen register or trap and trace device relates; and
    (b)  Shall direct, upon the request of the applicant, the furnishing of
    information, facilities, and technical assistance necessary to accomplish
    the installation of the pen register or trap and trace device under
    section 18-6723, Idaho Code.
    (3)  An order issued under this section shall authorize the installation
and use of a pen register or a trap and trace device for a period not to
exceed sixty (60) days. Extensions of such an order may be granted, but only
upon an application for an order under section 18-6721, Idaho Code, and upon
the judicial finding required by subsection (1) of this section. The period of
extension shall be for a period not to exceed sixty (60) days.
    (4)  An order authorizing or approving the installation and use of a pen
register or a trap and trace device shall direct that:
    (a)  The order be sealed until otherwise ordered by the court; and
    (b)  The person owning or leasing the line to which the pen register or a
    trap and trace device is attached, or who has been ordered by the court to
    provide assistance to the applicant, not disclose the existence of the pen
    register or trap and trace device or the existence of the investigation to
    the listed subscriber, or to any other person, unless or until otherwise
    ordered by the court.