§ 3125. Emergency pen register and trap and trace device installation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 title VII § 7092(a)(2) · 102 Stat. 4181

   Enacted · 18 U.S.C. § 3125

   Added Pub. L. 100–690, title VII, § 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VII, § 7092(a)(2), Nov. 18, 1988, 102 Stat. 4410

   Enacted provision · exact public law section
   (2) by adding after section 3124 the following new section: “§ 3125. Emergency pen register and trap and trace device installation. “(a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that— “(1) an emergency situation exists that involves— “(A) immediate danger of death or serious bodily injury to any person; or “(B) conspiratorial activities characteristic of organized crime, that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and “(2) there are grounds upon which an order could be entered under this chapter to authorize such installation and use ‘may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with section 3123 of this title.” “(b) In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier. “(c) The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection (a) without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter. “(d) A provider for a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.”.

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330008(3)(A) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 3125(a)

   Pub. L. 103–322, § 330008(3)(A), (B), substituted “use;” for “use’ ” in par. (2) and directed that matter beginning with “may have installed” and ending with “section 3123 of this title” be realigned so that it is flush to the left margin, which was executed to text containing a period after “section 3123 of this title”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322, § 330008(3)(A), (B), substituted “use;” for “use’ ” in par. (2) and directed that matter beginning with “may have installed” and ending with “section 3123 of this title” be realigned so that it is flush to the left margin, which was executed to text containing a period after “section 3123 of this title”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (A) in subsection (a)(2) by striking “use” and the quotation mark that immediately follows it and inserting “use;”;

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330008(3)(C) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 3125(d)

   Pub. L. 103–322, § 330008(3)(C), substituted “provider of” for “provider for”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–322, § 330008(3)(C), substituted “provider of” for “provider for”.

   Enacted provision · exact public law section
   (C) by striking “provider for” and inserting “provider of” in subsection (d);

4. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 601(f)(5) · 110 Stat. 3488

   Struck · 18 U.S.C. § 3125(a)

   Pub. L. 104–294 struck out closing quotation mark at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–294 struck out closing quotation mark at end.

   Enacted provision · exact public law section
   (5) Section 3125(a) of title 18, United States Code, is amended by striking the close quotation mark at the end.

5. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XXII § 2207(i) · 116 Stat. 2135

   Added · 18 U.S.C. § 3125(a)(1)(C); 18 U.S.C. § 3125(a)(1)(D)

   Pub. L. 107–296 added subpars. (C) and (D)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C), (D). Pub. L. 107–296 added subpars. (C) and (D).

   Effective date note
   Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

4 of 5 references resolved to an enrolled provision · 1 partial