PRIA Logo™
Take the PRIA Score
Title 18 — Crimes and Criminal ProcedureRelease 119-73

§3122 Application for an order for a pen register or a trap and trace device

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 206— - PEN REGISTERS AND TRAP AND TRACE DEVICES › § 3122

Last updated Apr 6, 2026|Official source

Summary

A government lawyer may ask a court, in writing and under oath or a similar sworn statement, for an order or an extension that allows a pen register or a trap-and-trace device to be used. A State investigator or police officer may do the same unless State law says they cannot. The written request must name the lawyer or officer and their law enforcement agency, and must state that the information likely to be obtained is relevant to an ongoing criminal investigation.

Full Legal Text

Title 18, §3122

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.
(2)Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.
(b)An application under subsection (a) of this section shall include—
(1)the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2)a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3122

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73