Section 23A-35A-26 – Issuance of ex parte order authorizing use of pen register or trap and trace device.
23A-35A-26. Issuance of ex parte order authorizing use of pen register or trap and trace device. Upon an application made under §§23A-35A-24 and 23A-35A-25, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the […]
Section 23A-35A-27 – Contents of ex parte order authorizing use of pen register or trap and trace device.
23A-35A-27. Contents of ex parte order authorizing use of pen register or trap and trace device. An order issued under §23A-35A-26: (1)Shall specify the identity, if known, of the person whose name is listed on the telephone line or electronic communication device that the pen register or trap and trace device is to be attached; […]
Section 23A-35A-28 – Time limitation on use of pen register or trap and trace device–Extension.
23A-35A-28. Time limitation on use of pen register or trap and trace device–Extension. An order issued under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of an order may be granted, but […]
Section 23A-35A-29 – Order sealed–Disclosure of existence of pen register or trap and trace device prohibited.
23A-35A-29. Order sealed–Disclosure of existence of pen register or trap and trace device prohibited. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that: (1)The order be sealed until otherwise ordered by the court; and (2)The person owning or leasing the line to […]
Section 23A-35A-30 – Persons required to assist installation of pen register.
23A-35A-30. Persons required to assist installation of pen register. Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to install and use a pen register under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the […]
Section 23A-35A-31 – Installation of trap and trace device–Assistance–Results given to law enforcement officer.
23A-35A-31. Installation of trap and trace device–Assistance–Results given to law enforcement officer. Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under §23A-35A-1 or §§23A-35A-22 to 23A-35A-34, inclusive, a provider of a wire or electronic communication service, landlord, […]
Section 23A-35A-32 – Reasonable compensation for assistance.
23A-35A-32. Reasonable compensation for assistance. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance. Source: SL 1988, ch 194, §12.
Section 23A-35A-33 – Persons providing assistance immune.
23A-35A-33. Persons providing assistance immune. No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive. Source: […]
Section 23A-35A-34 – Good faith reliance on court order as complete defense.
23A-35A-34. Good faith reliance on court order as complete defense. A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, or any other law. Source: SL 1988, ch 194, §14.
Section 23A-35A-20 – Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony.
23A-35A-20. Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony. Except as provided in §23A-35A-21, a person is guilty of a Class 5 felony who is not: (1)A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or […]