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Title 18, Crimes and Criminal ProcedureRelease 119-110

§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

Last updated Sep 22, 2026|Official source

Summary

A U.S. government lawyer can ask a court, in writing and under oath, for permission to install or use a pen register or a trap and trace device, or to extend an earlier order. A state investigator or police officer can make the same request to a state court unless state law forbids it. The written request must say who is asking and name their law enforcement agency. It must also say that the information likely to be collected 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)Application.—
(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)Contents of Application.—
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

Sep 22, 2026

Release point: 119-110