Oregon Statutes 165.663 – Use by police; application to court; statement required
Any police officer may apply to the circuit court in which judicial district the targeted telephone is located for an ex parte order or extension of an order authorizing the installation and use of a pen register or a trap and trace device. The application shall:
Terms Used In Oregon Statutes 165.663
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) Be in writing under oath;
(2) Include the identity of the applicant and the identity of the law enforcement agency conducting the investigation;
(3) Contain a statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit:
(a) A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;
(b) A crime punishable as a felony under ORS § 475.752, 475.806 to 475.894, 475.906, 475C.005 to 475C.525 or 475C.770 to 475C.919;
(c) A crime under ORS § 166.720 that includes as part of the pattern of racketeering activity at least one incident of conduct that constitutes a felony; or
(d) Any conspiracy to commit a crime described in paragraphs (a) to (c) of this subsection; and
(4) Contain a statement demonstrating that use of a pen register or trap and trace device will yield evidence relevant to the crime. [1989 c.983 § 18; 2003 c.451 § 1; 2005 c.708 § 49; 2023 c.209 § 6]
[Formerly 74.520; repealed by 1971 c.743 § 432]