§3125 Emergency Pen Register and Trap and Trace Device Installation

Summary

Certain law enforcement officers who are specially named by top Justice Department officials or by a state prosecutor can put in a pen register or trap-and-trace device without a court order if they reasonably believe an emergency exists. Emergencies covered include immediate danger of death or serious injury, conspiracies like organized crime, an immediate national security threat, or an ongoing attack on a protected computer that is a crime punishable by more than one year in prison. They must also have the kinds of facts that would allow a court to approve the device. If no court order is obtained, the device must stop being used as soon as the needed information is found, the court denies the order, or 48 hours pass since installation, whichever happens first. The officer must apply for a court order within 48 hours; failing to do so makes the use unlawful. Anyone who helps by providing service or equipment must be paid for reasonable expenses.