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