Orders authorizing the use of a pen register or a trap and trace device; when issuable · as in force on May 31, 2026
§ 705.10 Orders authorizing the use of a pen register or a trap and
trace device; when issuable.
An order authorizing the use of a pen register or a trap and trace device may issue only:
1. Upon an appropriate application made in conformity with this article; and
2. Upon a determination that an application sets forth specific, articulable facts, warranting the applicant's reasonable suspicion that a designated crime has been, is being, or is about to be committed and demonstrating that the information likely to be obtained by use of a pen register or trap and trace device is or will be relevant to an ongoing criminal investigation of such designated crime.
A justice may issue a pen-register or trap-and-trace order only if both requirements are met:
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.