Arizona Laws 13-3017. Ex parte order for pen register or trap and trace device
A. Any prosecuting attorney or investigating peace officer of this state or its political subdivisions may apply to any justice of the supreme court, judge of the court of appeals, judge of the superior court or magistrate for an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The application shall be made in writing and under oath and shall state:
Terms Used In Arizona Laws 13-3017
- Communication service provider: means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-3001
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but that does not include any of the following:
(a) Any wire or oral communication. See Arizona Laws 13-3001
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Pen register: means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
- Person: means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer. See Arizona Laws 13-3001
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Trap and trace device: means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13-3010 or 13-3012. See Arizona Laws 13-3001
- Writing: includes printing. See Arizona Laws 1-215
1. The name and title of the applicant.
2. The attributes of the communication, including the number or other identifier, the identity, if known, of the subscriber and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.
3. A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation.
4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
B. On proper application pursuant to subsection A, the judge shall issue an ex parte order authorizing the installation and use of a pen register or trap and trace device or process if the judge finds that the applicant has certified that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation. On service, the order applies to any person or entity that provides wire or electronic communication service in this state or that does business in this state and whose assistance may facilitate the execution of the order. If an order is served on any person or entity that is not specifically named in the order and on request of the person or entity, the prosecuting attorney or peace officer who serves the order shall provide written or electronic certification that the order applies to the person or entity being served. An order that is issued under this subsection shall specify all of the following:
1. The identity, if known, of the subscriber of the communication service or telephone line to which the pen register or trap and trace device is to be attached or applied.
2. The attributes of the communication to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.
3. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
4. That, on the request of the applicant, the communication service provider shall furnish information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device and to identify subscribers of any communication facility or telephone number obtained by operation of such device.
C. An order that is issued under this section authorizes the installation and use of a pen register or trap and trace device for a period of not to exceed sixty days. Extensions of the order may be granted, but only on an application and judicial finding pursuant to subsections A and B. The period of each extension granted shall not exceed sixty days.