(1) Upon application made under ORS 133.545, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that there is probable cause to believe that:
(a) 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 subparagraphs (A) to (C) of this paragraph; and
(b) Use of a pen register or trap and trace device will yield evidence relevant to the crime.
(2) The order shall:
(a) Specify 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) Specify the identity, if known, of the person who is the subject of the criminal investigation;
(c) Specify the number and, if known, physical location of the telephone number 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;
(d) Contain a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates;
(e) 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;
(f) Authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 30 days, which may be extended by application and order for a period not to exceed an additional 30 days;
(g) Direct that the order and application be sealed until otherwise ordered by the court; and
(h) Direct the person owning or leasing the line to which the pen register or the trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not to 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. [1989 c.983 §19; 2003 c.451 §2; 2005 c.708 §50]
Section: Previous 165.655 165.657 165.659 165.660 165.661 165.663 165.665 165.667 165.669 165.670 165.671 165.673 165.675 165.680 165.690 NextLast modified: August 7, 2008