2018 Louisiana Laws
Revised Statutes
TITLE 15 - Criminal Procedure
RS 15:1316 - Assistance in installation and use of a pen register, a trap and trace device, or a cellular tracking device
§1316. Assistance in installation and use of a pen register, a trap and trace device, or a cellular tracking device
A. Upon the request of an investigative or law enforcement agency authorized to install and use a pen register under this Part, a provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer 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 R.S. 15:1315(B)(2).
B. Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this Part, a provider of a wire or electronic communication service, landlord, custodian, or other person shall, if technically possible, install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional 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 a court order as provided in R.S. 15:1315(B)(2). Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the investigative or law enforcement officer designated in the court order, at reasonable intervals during the regular business hours for the duration of the order.
C. Upon receipt of a court order issued pursuant to the request of an investigative or law enforcement agency authorized to install and use a cellular tracking device pursuant to this Part, a provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer with all information, facilities, and technical assistance necessary, if applicable, to accomplish the placement by the applicant of a cellular tracking device unobtrusively and with minimal 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 or investigative or law enforcement agency pursuant to the provisions of R.S. 15:1317 and 1318.
D. 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 compensated for such reasonable expenses incurred in providing such facilities and assistance.
E. No cause of action shall lie in any Louisiana 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 pursuant to this Part.
Acts 1991, No. 795, §2, eff. July 22, 1991; Acts 2016, No. 308, §2.
