2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5745 - Delayed notice.

     § 5745.  Delayed notice.
        (a)  Delay of notification.--
            (1)  An investigative or law enforcement officer acting
        under section 5743(b) (relating to requirements for
        governmental access) may:
                (i)  where a court order is sought, include in the
            application a request for an order delaying the
            notification required under section 5743(b) for a period
            not to exceed 90 days, which request the court shall
            grant if it determines that there is reason to believe
            that notification of the existence of the court order may
            have an adverse result described in paragraph (2); or
                (ii)  where an administrative subpoena authorized by
            a statute or a grand jury subpoena is obtained, delay the
            notification required under section 5743(b) for a period
            not to exceed 90 days upon the execution of a written
            certification of a supervisory official that there is
            reason to believe that notification of the existence of
            the subpoena may have an adverse result described in
            paragraph (2).
            (2)  An adverse result for the purposes of paragraph (1)
        is:
                (i)  endangering the life or physical safety of an
            individual;
                (ii)  flight from prosecution;
                (iii)  destruction of or tampering with evidence;
                (iv)  intimidation of potential witnesses; or
                (v)  otherwise seriously jeopardizing an
            investigation or unduly delaying a trial.
            (3)  The investigative or law enforcement officer shall
        maintain a true copy of a certification under paragraph
        (1)(ii).
            (4)  Extensions of the delay of notification provided for
        in section 5743 of up to 90 days each may be granted by the
        court upon application or by certification by a supervisory
        official in the case of an administrative or grand jury
        subpoena.
            (5)  Upon expiration of the period of delay of
        notification under paragraph (1) or (4), the investigative or
        law enforcement officer shall serve upon, or deliver by
        registered or first class mail to, the customer or subscriber
        a copy of the process or request together with notice which:
                (i)  states with reasonable specificity the nature of
            the investigative or law enforcement inquiry; and
                (ii)  informs the customer or subscriber:
                    (A)  that information maintained for the customer
                or subscriber by the service provider named in the
                process or request was supplied to or requested by
                the investigative or law enforcement officer and the
                date on which the supplying or request took place;
                    (B)  that notification of the customer or
                subscriber was delayed;
                    (C)  the identity of the investigative or law
                enforcement officer or the court which made the
                certification or determination pursuant to which that
                delay was made; and
                    (D)  which provision of this subchapter
                authorizes the delay.
            (6)  As used in this subsection, the term "supervisory
        official" means the investigative agent or assistant
        investigative agent in charge, or an equivalent, of an
        investigative or law enforcement agency's headquarters or
        regional office, or the chief prosecuting attorney or the
        first assistant prosecuting attorney, or an equivalent, of a
        prosecuting attorney's headquarters or regional office.
        (b)  Preclusion of notice to subject of governmental
     access.--An investigative or law enforcement officer acting
     under section 5743, when he is not required to notify the
     subscriber or customer under section 5743(b)(1), or to the
     extent that it may delay such notice pursuant to subsection (a),
     may apply to a court for an order commanding a provider of
     electronic communication service or remote computing service to
     whom a warrant, subpoena or court order is directed, not to
     notify any other person of the existence of the warrant,
     subpoena or court order for such period as the court deems
     appropriate. The court shall enter such an order if it
     determines that there is reason to believe that notification of
     the existence of the warrant, subpoena or court order will
     result in:
            (1)  endangering the life or physical safety of an
        individual;
            (2)  flight from prosecution;
            (3)  destruction of or tampering with evidence;
            (4)  intimidation of a potential witness; or
            (5)  otherwise seriously jeopardizing an investigation or
        unduly delaying a trial.

        Cross References.  Section 5745 is referred to in sections
     5743, 5744 of this title.