Oklahoma § 13-177.4 - Court order - Contents - Duration

§ 13-177.4. Court order - Contents - Duration

A. The court, in considering an application made pursuant to

Section 177.3 of this title, 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 person making the application has certified to the court

that the information likely to be obtained by such installation and

use is relevant to an ongoing criminal investigation. The

installation and use of a pen register or a trap and trace device

shall be considered to be within the jurisdiction of the court if:

(a) the law enforcement equipment to be used to collect electronic

data is or will be physically installed within the geographical area

over which the court has jurisdiction, (b) there are reasonable

grounds to believe the telephone device is or will be used within

Oklahoma Statutes - Title 13. Common Carriers

the geographical area over which the court has jurisdiction, or (c)

the billing address for the telephone service for the telephone

device is located within the geographical area over which the court

has jurisdiction.

The order issued under this section:

1. Shall specify:

a.

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,

b.

the identity, if known, of the person who is the

subject of the criminal investigation,

c.

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

d.

a statement of the offense to which the information

likely to be obtained by the pen register or trap and

trace device relates; and

2. Shall 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.

B. An order issued pursuant to this section shall authorize the

installation and use of a pen register or a trap and trace device

for a period not to exceed sixty (60) days. Extensions of such an

order may be granted, but only upon application as provided in

Section 177.3 of this title and upon issuance of an order as

required by subsection A of this section. Each period of extension

shall be for a period not to exceed sixty (60) days.

C. An order authorizing or approving the installation and use

of a pen register or a trap and trace device shall direct that:

1. The order be sealed until otherwise ordered by the court;

and

2. 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 or until otherwise ordered by the court.

Added by Laws 1988, c. 264, § 4, emerg. eff. June 29, 1988. Amended

by Laws 2002, c. 224, § 3, emerg. eff. May 8, 2002.