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LOUISIANA STATUTES AND CODES

RS 15:1314 Application for an order for a pen register or a trap and trace device

§1314.  Application for an order for a pen register or a trap and trace device

A.  An investigative or law enforcement officer may make application for an order or an extension of an order under R.S. 15:1315 to a court of competent jurisdiction authorizing or approving the installation and use of a pen register or a trap and trace device under this Part, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of this state.  For the purposes of R.S. 15:1313 through 1316 only, "investigative or law enforcement officer" means:

(1)  Any commissioned officer of the office of state police.  

(2)  Any full-time commissioned city police officer of a municipality of this state.  

(3)  Any sheriff or a deputy sheriff of a parish of this state which has been specifically designated by the sheriff of that parish as responsible for preparation of applications for installation and use of pen register or trap and trace devices.  

B.  An application made pursuant to this Section shall include:

(1)  The identity of the investigative or law enforcement officer making the application and the identity of the law enforcement agency conducting the investigation.  

(2)  A certification by the applicant attesting that the information sought is relevant to an ongoing felony criminal investigation being conducted by that agency, and includes in that certification a recital of facts or information constituting the reasonable suspicion upon which the application is based.  

(3)  A certification by the appropriate agency head that he has reviewed the application and approves the use of the pen register or trap and trace device for that investigation.  

Acts 1991, No. 795, §2, eff. July 22, 1991.  

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