Statutes, codes, and regulations
Consolidated Laws of New York
Chapter - CRIMINAL PROCEDUREPart 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURESTitle T - PROCEDURES FOR SECURING EVIDENCE BY MEANS OF COURT ORDER AND FOR SUPPRESSING EVIDENCE UNLAWFULLY OR IMPROPERLY OBTAINED
Article 705 - PEN REGISTERS AND TRAP AND TRACE DEVICES
Section 705.00 - Definitions

N.Y. Crim. Proc. Law § 705.00

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Current through 2024 NY Law Chapter 443
Section 705.00 - Definitions

As used in this article, the following terms have the following meanings:

1. "Pen register" means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.
2. "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
3. "Applicant" means a district attorney, an assistant district attorney, and when empowered by law to conduct an investigation of or to prosecute or participate in the prosecution of a designated crime, the attorney general, an assistant attorney general, the deputy attorney general in charge of the statewide organized crime task force, or an assistant deputy attorney general of such task force.
4. "Law enforcement agency" means any agency which is empowered by law to conduct an investigation or to make an arrest for a felony, and any agency which is authorized by law to prosecute or participate in the prosecution of a felony.
5. "Designated crime" means any crime included within the definition of a "designated offense" in subdivision eight of section 700.05 of this chapter, any criminal act as defined in subdivision one of section 460.10 of the penal law, bail jumping in the first and second degree as defined in sections 215.57 and 215.56 of such law, or aggravated harassment as defined in subdivisions one and two of section 240.30 of such law.
6. "Justice" means justice as defined in subdivision four of section 700.05 of this chapter.

N.Y. Crim. Proc. Law § 705.00