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:
(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 475.840, 475.846 to 475.894 or 475.906;
(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]
Section: Previous 165.620 165.625 165.655 165.657 165.659 165.660 165.661 165.663 165.665 165.667 165.669 165.670 165.671 165.673 165.675 NextLast modified: August 7, 2008