Offenses Involving Fraud or Deception

ORS 165.663
Use by police

  • application to court
  • statement required

Any police officer may apply to the circuit court in which judicial district the targeted telephone is located for an ex parte order or extension of an order authorizing the installation and use of a pen register or a trap and trace device. The application shall:

(1)

Be in writing under oath;

(2)

Include the identity of the applicant and the identity of the law enforcement agency conducting the investigation;

(3)

Contain a statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit:

(a)

A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;

(b)

A crime punishable as a felony under ORS 475.752 (Prohibited acts generally), 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) or 475.906 (Penalties for unlawful delivery to minors);

(c)

A crime under ORS 166.720 (Racketeering activity unlawful) that includes as part of the pattern of racketeering activity at least one incident of conduct that constitutes a felony; or

(d)

Any conspiracy to commit a crime described in paragraphs (a) to (c) of this subsection; and

(4)

Contain a statement demonstrating that use of a pen register or trap and trace device will yield evidence relevant to the crime. [1989 c.983 §18; 2003 c.451 §1; 2005 c.708 §49]
Chapter 165

Law Review Citations

51 OLR 427-637 (1972)

Source

Last accessed
Jun. 26, 2021

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