Section 65.59. Mobile Communication Tracking, Pen Registers, Trap and Trace Devices, and Telecommunication Identification Interception Devices (18 Pa.C.S. § § 5771—5773)

Sections 5771—5773 of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. § § 5771—5773, authorize the installation and usage of pen registers, trap and trace devices, telecommunication identification interception devices and the disclosure or production of mobile communication tracking information upon a showing of probable cause. An applicant may seek such an order from the Superior Court when an application for an order authorizing interception of communications is or has been made for the targeted telephone or another application for interception under the Wiretap Act has been made involving the same investigation. See 18 Pa.C.S. § 5772(a). An application for such an order shall contain:

A. The identity and authority of the attorney making the application and the identity of the investigative or law enforcement agency conducting the investigation. 18 Pa.C.S. § 5772(b)(1).

B. A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. 18 Pa.C.S. § 5772(b)(2).

C. An affidavit by an investigative or law enforcement officer which establishes probable cause for the issuance of an order or extension of an order under section 5773. 18 Pa.C.S. § 5772(b)(3).

The provisions of this § 65.59 adopted June 10, 2015, effective June 10, 2015, 45 Pa.B. 5906.