1.    Upon an application made under this chapter, 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 attorney general, assistant attorney general, state‘s attorney, or assistant state’s attorney or the 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 ongoing criminal investigation.

Terms Used In North Dakota Code 29-29.3-04

  • information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

2.    An order issued under this section:

a.    Must 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.

b.    Must 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 this chapter.

3.    An order issued under this section authorizes the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of the order may be granted, but only upon an application for an order under this chapter and upon the judicial finding required by subsection 1. The period of extension may not exceed sixty days.

4.    An order authorizing or approving the installation and use of a pen register or a trap and trace device must 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 otherwise ordered by the court.

5.    Within a reasonable time, but not later than one year after the termination of the period of an order or extension of an order, the judge to whom the application was presented shall cause to be served on the persons named in the order or application, and on any other party the notification of whom the judge determines is in the interest of justice, notice of:

a.    The fact of the entry of the order.

b.    The date of the entry and the period of authorized installation and use of the pen register or trap and trace device.

c.    The fact that during the period of the order or extension information was obtained through use of the pen register or trap and trace device.

  Previous section
Next section  
 Chapter 29-29.3 Contents