Title 18 — Crimes and Criminal ProcedureRelease 119-73not60
§3122 Application for an Order for a Pen Register or a Trap and Trace Device
Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 206— PEN REGISTERS AND TRAP AND TRACE DEVICES › § 3122
Summary
A government lawyer can ask a court, in writing and under oath, for permission to install and use a pen register or a trap and trace device. A state investigator or police officer can also apply the same way unless state law says they cannot. The request must name the person and agency making it and must state that the data likely to be obtained is relevant to an active criminal investigation by that agency.
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 5, 2026
Release point: 119-73not60