{"jurisdiction": "us-ny", "code": "cpl", "section": "705.00", "citation": "CPL § 705.00", "heading": "Definitions", "text": ["§ 705.00 Definitions.", "As used in this article, the following terms have the following meanings:", "1. \"Pen register\" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.", "2. \"Trap and trace device\" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.", "3. \"Applicant\" means a district attorney, an assistant district attorney, and when empowered by law to conduct an investigation of or to prosecute or participate in the prosecution of a designated crime, the attorney general, an assistant attorney general, the deputy attorney general in charge of the statewide organized crime task force, or an assistant deputy attorney general of such task force.", "4. \"Law enforcement agency\" means any agency which is empowered by law to conduct an investigation or to make an arrest for a felony, and any agency which is authorized by law to prosecute or participate in the prosecution of a felony.", "5. \"Designated crime\" means any crime included within the definition of a \"designated offense\" in subdivision eight of section 700.05 of this chapter, any criminal act as defined in subdivision one of section 460.10 of the penal law, bail jumping in the first and second degree as defined in sections 215.57 and 215.56 of such law, or  aggravated harassment as defined in subdivisions one and two of section 240.30 of such law.", "6. \"Justice\" means justice as defined in subdivision four of section 700.05 of this chapter."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/705.00", "from_official_api": true, "plain_english": "These terms control throughout this article:\n- **(1)** A **pen register** records or decodes impulses identifying the **numbers dialed or otherwise transmitted** on the telephone line it is attached to, but **not** a device a provider or customer uses for **billing** or recording incident to billing, or for **cost accounting** or similar ordinary business purposes.\n- **(2)** A **trap and trace device** captures the **incoming** impulses identifying the **originating number** of the instrument or device from which a wire or electronic communication was sent. ★\n- **(3)** An **applicant** is a **district attorney or assistant district attorney**, and, when empowered by law to investigate, prosecute or participate in prosecuting a designated crime, the **attorney general**, an **assistant attorney general**, the **deputy attorney general in charge of the statewide organized crime task force**, or an **assistant deputy attorney general** of that task force. ★\n- **(4)** A **law enforcement agency** is any agency empowered to investigate or arrest for a **felony**, or authorized to prosecute or participate in prosecuting a felony.\n- **(5)** A **designated crime** includes a designated offense under **§ 700.05(8)**, a criminal act under **Penal Law § 460.10(1)**, first- or second-degree bail jumping under **Penal Law §§ 215.57 and 215.56**, or aggravated harassment under **Penal Law § 240.30(1) or (2)**.\n- **(6)** A **justice** has the meaning given in **§ 700.05(4)**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/705.00", "publisher": "Elyphived LLC"}