{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-70.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-70.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-70.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-70.2.html"}],"law_id":80598,"edition_id":1,"section_id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","history":"1988, c. 889; 2002, cc. 588, 623; 2005, c. 934; 2016, c. 231; 2018, c. 667.","full_text":"A\n\nAn investigative or law-enforcement officer may make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device, in writing under oath or equivalent affirmation, to a court of competent jurisdiction. The application shall include:1\n\nThe identity of the officer making the application and the identity of the law-enforcement agency conducting the investigation; and2\n\nA certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.\n\t\t\t\tThe application may include a request that the order require information, facilities and technical assistance necessary to accomplish the installation be furnished.B\n\nAn application for an ex parte order authorizing the installation and use of a pen register or trap and trace device may be filed in the jurisdiction where the ongoing criminal investigation is being conducted; where there is probable cause to believe that an offense was committed, is being committed, or will be committed; or where the person or persons who subscribe to the wire or electronic communication system live, work, or maintain an address or a post office box. For the purposes of an order entered pursuant to this section for the installation and use of a pen register or trap and trace device, such installation shall be deemed to occur in the jurisdiction where the order is entered, regardless of the physical location or the method by which the information is captured or routed to the law-enforcement officer that made the application. Upon application, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that the investigative or law-enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.\n\t\t\tThe order shall specify:1\n\nThe identity, if known, of the person in whose name the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied is listed or to whom the line or other facility is leased;2\n\nThe identity, if known, of the person who is the subject of the criminal investigation;3\n\nThe attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and4\n\nA statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.C\n\nInstallation and use of a pen register or a trap and trace device shall be authorized for a period not to exceed 60 days. Extensions of the order may be granted, but only upon application made and order issued in accordance with this section. The period of an extension shall not exceed 60 days.D\n\nAn order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:1\n\nThe order and application be sealed until otherwise ordered by the court;2\n\nInformation, facilities and technical assistance necessary to accomplish the installation be furnished if requested in the application; and3\n\nThe person owning or leasing the line or other facility to which the pen register or trap and trace device is attached or applied, or who is obligated by the order to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.E\n\nUpon request of an investigative or a law-enforcement officer authorized by the court to install and use a pen register, a provider of wire or electronic communication service, a landlord, custodian or any other person so ordered by the court shall, as soon as practicable, furnish the officer with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place.F\n\nUpon request of an investigative or law-enforcement officer authorized by the court to receive the results of a trap and trace device under this section, a provider of wire or electronic communication service, a landlord, custodian or any other person so ordered by the court shall, as soon as practicable, install the device on the appropriate line and furnish the officer with all additional information, facilities and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the investigative or law-enforcement officer designated by the court at reasonable intervals during regular business hours for the duration of the order. Where the law-enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained that will identify (i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network; (ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information; (iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and (iv) any information that has been collected by the device. To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device. The record maintained hereunder shall be provided ex parte and under seal of the court that entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order, including any extensions thereof.G\n\nA provider of a wire or electronic communication service, a landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for reasonable and actual expenses incurred in providing such facilities and assistance. The expenses shall be paid out of the criminal fund.H\n\nWhen disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement officer may obtain a pen register or trap and trace device installation without a court order, in addition to any real-time location data obtained pursuant to subsection E of \u00a7 19.2-70.3, in the following circumstances:1\n\nTo respond to a user’s call for emergency services;2\n\nWith the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is in his possession, (ii) the owner or user knows or believes that the device is in the possession of an employee or agent of the owner or user with the owner’s or user’s consent, or (iii) the owner or user knows or believes that the device has been taken by a third party without the consent of the owner or user;3\n\nWith the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be contacted;4\n\nTo locate a child who is reasonably believed to have been abducted or to be missing and endangered; or5\n\nIf the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate danger to a person requires the disclosure, without delay, of pen register and trap and trace data, or real-time location data pursuant to subsection E of § 19.2-70.3, concerning a specific person and that a court order cannot be obtained in time to prevent the identified danger.\n\t\t\t\tNo later than three business days after seeking the installation of a pen register or trap and trace device pursuant to this subsection, the investigative or law-enforcement officer seeking the installation shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the reasons why the installation of the pen register or trap and trace device was believed to be important in addressing the emergency.I\n\nNo cause of action shall lie in any court against a provider of a wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order issued pursuant to this section. Good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action based upon a violation of this chapter.","order_by":null,"text":{"0":{"id":288887,"text":"An investigative or law-enforcement officer may make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device, in writing under oath or equivalent affirmation, to a court of competent jurisdiction. The application shall include:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":288888,"text":"The identity of the officer making the application and the identity of the law-enforcement agency conducting the investigation; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":288889,"text":"A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.\n\t\t\t\tThe application may include a request that the order require information, facilities and technical assistance necessary to accomplish the installation be furnished.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":288890,"text":"An application for an ex parte order authorizing the installation and use of a pen register or trap and trace device may be filed in the jurisdiction where the ongoing criminal investigation is being conducted; where there is probable cause to believe that an offense was committed, is being committed, or will be committed; or where the person or persons who subscribe to the wire or electronic communication system live, work, or maintain an address or a post office box. For the purposes of an order entered pursuant to this section for the installation and use of a pen register or trap and trace device, such installation shall be deemed to occur in the jurisdiction where the order is entered, regardless of the physical location or the method by which the information is captured or routed to the law-enforcement officer that made the application. Upon application, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that the investigative or law-enforcement officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.\n\t\t\tThe order shall specify:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":288891,"text":"The identity, if known, of the person in whose name the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied is listed or to whom the line or other facility is leased;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":288892,"text":"The identity, if known, of the person who is the subject of the criminal investigation;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":288893,"text":"The attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":288894,"text":"A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"8":{"id":288895,"text":"Installation and use of a pen register or a trap and trace device shall be authorized for a period not to exceed 60 days. Extensions of the order may be granted, but only upon application made and order issued in accordance with this section. The period of an extension shall not exceed 60 days.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"9":{"id":288896,"text":"An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"10":{"id":288897,"text":"The order and application be sealed until otherwise ordered by the court;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"11":{"id":288898,"text":"Information, facilities and technical assistance necessary to accomplish the installation be furnished if requested in the application; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"12":{"id":288899,"text":"The person owning or leasing the line or other facility to which the pen register or trap and trace device is attached or applied, or who is obligated by the order to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"13":{"id":288900,"text":"Upon request of an investigative or a law-enforcement officer authorized by the court to install and use a pen register, a provider of wire or electronic communication service, a landlord, custodian or any other person so ordered by the court shall, as soon as practicable, furnish the officer with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"14":{"id":288901,"text":"Upon request of an investigative or law-enforcement officer authorized by the court to receive the results of a trap and trace device under this section, a provider of wire or electronic communication service, a landlord, custodian or any other person so ordered by the court shall, as soon as practicable, install the device on the appropriate line and furnish the officer with all additional information, facilities and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the investigative or law-enforcement officer designated by the court at reasonable intervals during regular business hours for the duration of the order. Where the law-enforcement agency implementing an ex parte order under this subsection seeks to do so by installing and using its own pen register or trap and trace device on a packet-switched data network of a provider of electronic communication service to the public, the agency shall ensure that a record will be maintained that will identify (i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network; (ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information; (iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and (iv) any information that has been collected by the device. To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device. The record maintained hereunder shall be provided ex parte and under seal of the court that entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order, including any extensions thereof.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":288902,"text":"A provider of a wire or electronic communication service, a landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for reasonable and actual expenses incurred in providing such facilities and assistance. The expenses shall be paid out of the criminal fund.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"16":{"id":288903,"text":"When disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement officer may obtain a pen register or trap and trace device installation without a court order, in addition to any real-time location data obtained pursuant to subsection E of \u00a7 19.2-70.3, in the following circumstances:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"17":{"id":288904,"text":"To respond to a user’s call for emergency services;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"18":{"id":288905,"text":"With the informed, affirmative consent of the owner or user of the electronic device concerned if (i) the device is in his possession, (ii) the owner or user knows or believes that the device is in the possession of an employee or agent of the owner or user with the owner’s or user’s consent, or (iii) the owner or user knows or believes that the device has been taken by a third party without the consent of the owner or user;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"19":{"id":288906,"text":"With the informed, affirmative consent of the legal guardian or next of kin of the owner or user, if reasonably available, if the owner or user is reasonably believed to be deceased, is reported missing, or is unable to be contacted;","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"20":{"id":288907,"text":"To locate a child who is reasonably believed to have been abducted or to be missing and endangered; or","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"H5"},"21":{"id":288908,"text":"If the investigative or law-enforcement officer reasonably believes that an emergency involving the immediate danger to a person requires the disclosure, without delay, of pen register and trap and trace data, or real-time location data pursuant to subsection E of § 19.2-70.3, concerning a specific person and that a court order cannot be obtained in time to prevent the identified danger.\n\t\t\t\tNo later than three business days after seeking the installation of a pen register or trap and trace device pursuant to this subsection, the investigative or law-enforcement officer seeking the installation shall file with the appropriate court a written statement setting forth the facts giving rise to the emergency and the reasons why the installation of the pen register or trap and trace device was believed to be important in addressing the emergency.","type":"section","prefixes":["H","5"],"prefix":"5","entire_prefix":"H5","prefix_anchor":"H5","level":2,"prior_prefix":"H4","next_prefix":"I"},"22":{"id":288909,"text":"No cause of action shall lie in any court against a provider of a wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order issued pursuant to this section. Good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action based upon a violation of this chapter.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H5"}},"ancestry":[{"id":12802,"edition_id":1,"name":"Interception of Wire, Electronic or Oral Communications","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":170861,"object_type":"structure","relational_id":12802,"identifier":"6","token":"19.2\/6","url":"\/19.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53969,"structure_id":12802,"section_number":"19.2-61","catch_line":"Definitions","url":"\/19.2-61\/","token":"19.2\/6\/19.2-61","metadata":false},{"id":60300,"structure_id":12802,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","url":"\/19.2-62\/","token":"19.2\/6\/19.2-62","metadata":false},{"id":63623,"structure_id":12802,"section_number":"19.2-63","catch_line":"Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions","url":"\/19.2-63\/","token":"19.2\/6\/19.2-63","metadata":false},{"id":87215,"structure_id":12802,"section_number":"19.2-63.1","catch_line":"Supervision and control of devices; unauthorized possession","url":"\/19.2-63.1\/","token":"19.2\/6\/19.2-63.1","metadata":false},{"id":67905,"structure_id":12802,"section_number":"19.2-64","catch_line":"Forfeiture of unlawful devices","url":"\/19.2-64\/","token":"19.2\/6\/19.2-64","metadata":false},{"id":79412,"structure_id":12802,"section_number":"19.2-65","catch_line":"When intercepted communications and evidence derived therefrom not to be received in evidence","url":"\/19.2-65\/","token":"19.2\/6\/19.2-65","metadata":false},{"id":70476,"structure_id":12802,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","url":"\/19.2-66\/","token":"19.2\/6\/19.2-66","metadata":false},{"id":75148,"structure_id":12802,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","url":"\/19.2-67\/","token":"19.2\/6\/19.2-67","metadata":false},{"id":75660,"structure_id":12802,"section_number":"19.2-68","catch_line":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","url":"\/19.2-68\/","token":"19.2\/6\/19.2-68","metadata":false},{"id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","metadata":false},{"id":84369,"structure_id":12802,"section_number":"19.2-70","catch_line":"Reports to be filed by courts and Attorney General","url":"\/19.2-70\/","token":"19.2\/6\/19.2-70","metadata":false},{"id":72378,"structure_id":12802,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","url":"\/19.2-70.1\/","token":"19.2\/6\/19.2-70.1","metadata":false},{"id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","metadata":false},{"id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","metadata":false}],"previous_section":{"id":72378,"structure_id":12802,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","url":"\/19.2-70.1\/","token":"19.2\/6\/19.2-70.1","metadata":false},"next_section":{"id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-70.2\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 889 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 588<\/a> and 623<\/a>; in 2005, chapter 934<\/a>; in 2016, chapter 231<\/a>; in 2018, chapter 667<\/a>.<\/p>","references":[{"id":60300,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","order_by":null,"url":"\/19.2-62\/"},{"id":72378,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","order_by":null,"url":"\/19.2-70.1\/"}],"refers_to":[{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"}],"permalink":{"id":170911,"object_type":"law","relational_id":80598,"identifier":"19.2-70.2","token":"19.2\/6\/19.2-70.2","url":"\/19.2-70.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","dublin_core":{"Title":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-70.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An investigative or law<\/span>-enforcement officer<\/span> may make application for an order<\/span> or an extension of an order<\/span> authorizing or approving the installation and use of a pen register<\/span> or a trap and trace device<\/span>, in writing under oath<\/span> or equivalent affirmation, to a court<\/span> of competent jurisdiction<\/span>. The application shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The identity of the officer making the application and the identity of the law<\/span>-enforcement agency conducting the investigation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.\n\t\t\t\tThe application may include a request that the order<\/span> require information, facilities and technical assistance necessary to accomplish the installation be furnished. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An application for an ex parte<\/span> order<\/span> authorizing the installation and use of a pen register<\/span> or trap and trace device<\/span> may be filed in the jurisdiction<\/span> where the ongoing criminal investigation is being conducted; where there is probable cause<\/span> to believe that an offense<\/span> was committed, is being committed, or will be committed; or where the person<\/span> or persons<\/span> who subscribe to the wire or electronic communication system<\/span> live, work, or maintain an address or a post office box. For the purposes of an order<\/span> entered pursuant to this section for the installation and use of a pen register<\/span> or trap and trace device<\/span>, such installation shall be deemed to occur in the jurisdiction<\/span> where the order<\/span> is entered, regardless of the physical location or the method by which the information is captured or routed to the law<\/span>-enforcement officer that made the application. Upon application, the court<\/span> shall enter an ex parte<\/span> order<\/span> authorizing the installation and use of a pen register<\/span> or a trap and trace device<\/span> if the court<\/span> finds that the investigative or law<\/span>-enforcement officer<\/span> has certified to the court<\/span> that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.\n\t\t\tThe order<\/span> shall specify: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The identity, if known, of the person<\/span> in whose name the telephone line or other facility to which the pen register<\/span> or trap and trace device<\/span> is to be attached or applied is listed or to whom the line or other facility is leased; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The identity, if known, of the person<\/span> who is the subject of the criminal investigation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The attributes of the communications to which the order<\/span> applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register<\/span> or trap and trace device<\/span> is to be attached or applied; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the offense<\/span> to which the information likely to be obtained by the pen register<\/span> or trap and trace device<\/span> relates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Installation and use of a pen register<\/span> or a trap and trace device<\/span> shall be authorized for a period not to exceed 60 days. Extensions of the order<\/span> may be granted, but only upon application made and order<\/span> issued in accordance with this section. The period of an extension shall not exceed 60 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An order<\/span> authorizing or approving the installation and use of a pen register<\/span> or a trap and trace device<\/span> shall direct that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The order<\/span> and application be sealed<\/span> until otherwise ordered by the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Information, facilities and technical assistance necessary to accomplish the installation be furnished if requested in the application; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The person<\/span> owning or leasing the line or other facility to which the pen register<\/span> or trap and trace device<\/span> is attached or applied, or who is obligated by the order<\/span> to provide assistance to the applicant, not disclose the existence of the pen register<\/span> or trap and trace device<\/span> or the existence of the investigation to the listed subscriber, or to any other person<\/span>, unless or until otherwise ordered by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon request of an investigative or a law<\/span>-enforcement officer authorized by the court<\/span> to install and use a pen register<\/span>, a provider of wire or electronic communication service<\/span>, a landlord, custodian or any other person<\/span> so ordered by the court<\/span> shall, as soon as practicable, furnish the officer with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register<\/span> unobtrusively and with a minimum of interference with the services that the person<\/span> so ordered by the court<\/span> accords the party<\/span> with respect to whom the installation and use is to take place. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon request of an investigative or law<\/span>-enforcement officer<\/span> authorized by the court<\/span> to receive the results of a trap and trace device<\/span> under this section, a provider of wire or electronic communication service<\/span>, a landlord, custodian or any other person<\/span> so ordered by the court<\/span> shall, as soon as practicable, install the device on the appropriate line and furnish the officer with all additional information, facilities and technical assistance, including installation and operation of the device, unobtrusively and with a minimum of interference with the services that the person<\/span> so ordered by the court<\/span> accords the party<\/span> with respect to whom the installation and use is to take place. Unless otherwise ordered by the court<\/span>, the results of the trap and trace device<\/span> shall be furnished to the investigative or law<\/span>-enforcement officer<\/span> designated by the court<\/span> at reasonable intervals during regular business hours for the duration of the order<\/span>. Where the law<\/span>-enforcement agency implementing an ex parte<\/span> order<\/span> under this subsection seeks to do so by installing and using its own pen register<\/span> or trap and trace device<\/span> on a packet-switched data network of a provider of electronic communication service<\/span> to the public, the agency shall ensure that a record will be maintained that will identify (i) any officer or officers who installed the device and any officer or officers who accessed the device to obtain information from the network; (ii) the date and time the device was installed, the date and time the device was uninstalled, and the date, time, and duration of each time the device is accessed to obtain information; (iii) the configuration of the device at the time of its installation and any subsequent modification thereof; and (iv) any information that has been collected by the device. To the extent that the pen register<\/span> or trap and trace device<\/span> can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device. The record maintained hereunder shall be provided ex parte<\/span> and under seal of the court<\/span> that entered the ex parte<\/span> order<\/span> authorizing the installation and use of the device within 30 days after termination of the order<\/span>, including any extensions thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A provider of a wire or electronic communication service<\/span>, a landlord, custodian or other person<\/span> who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for reasonable and actual expenses incurred in providing such facilities and assistance. The expenses shall be paid out of the criminal fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> When disclosure of real-time location data is not prohibited by federal law<\/span>, an investigative or law<\/span>-enforcement officer<\/span> may obtain a pen register<\/span> or trap and trace device<\/span> installation without a court order<\/span>, in addition to any real-time location data obtained pursuant to subsection E of \u00a7 19.2-70.3<\/a>, in the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To respond to a user<\/span>’s call for emergency services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With the informed, affirmative consent of the owner or user<\/span> of the electronic device concerned if (i) the device is in his possession<\/span>, (ii) the owner or user<\/span> knows or believes that the device is in the possession<\/span> of an employee or agent of the owner or user<\/span> with the owner’s or user<\/span>’s consent, or (iii) the owner or user<\/span> knows or believes that the device has been taken by a third party<\/span> without the consent of the owner or user<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> With the informed, affirmative consent of the legal guardian or next of kin of the owner or user<\/span>, if reasonably available, if the owner or user<\/span> is reasonably believed to be deceased, is reported missing, or is unable to be contacted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To locate a child who is reasonably believed to have been abducted or to be missing and endangered; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the investigative or law<\/span>-enforcement officer<\/span> reasonably believes that an emergency involving the immediate danger to a person<\/span> requires the disclosure, without delay, of pen register<\/span> and trap and trace data, or real-time location data pursuant to subsection E of § 19.2-70.3<\/a>, concerning a specific person<\/span> and that a court order<\/span> cannot be obtained in time to prevent the identified danger.\n\t\t\t\tNo later than three business days after seeking the installation of a pen register<\/span> or trap and trace device<\/span> pursuant to this subsection, the investigative or law<\/span>-enforcement officer<\/span> seeking the installation shall file with the appropriate court a written statement setting forth the facts<\/span> giving rise to the emergency and the reasons why the installation of the pen register<\/span> or trap and trace device<\/span> was believed to be important in addressing the emergency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No cause of action<\/span> shall lie in any court against a provider of a wire or electronic communication service<\/span>, its officers, employees, agents or other specified persons<\/span> for providing information, facilities, or assistance in accordance with the terms of a court order<\/span> issued pursuant to this section. Good faith reliance on a court order<\/span>, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action based upon a violation of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR AND ISSUANCE OF ORDER FOR A PEN REGISTER OR TRAP AND TRACE\nDEVICE; ASSISTANCE IN INSTALLATION AND USE (\u00a7 19.2-70.2)\n\nA. An investigative or law-enforcement officer may make application for an order\nor an extension of an order authorizing or approving the installation and use of\na pen register or a trap and trace device, in writing under oath or equivalent\naffirmation, to a court of competent jurisdiction. The application shall\ninclude:\n\n 1. The identity of the officer making the application and the identity of the\n law-enforcement agency conducting the investigation; and\n\n 2. A certification by the applicant that the information likely to be obtained\n is relevant to an ongoing criminal investigation being conducted by that\n agency.\n \t\t\t\tThe application may include a request that the order require information,\n facilities and technical assistance necessary to accomplish the installation\n be furnished.\n\nB. An application for an ex parte order authorizing the installation and use of\na pen register or trap and trace device may be filed in the jurisdiction where\nthe ongoing criminal investigation is being conducted; where there is probable\ncause to believe that an offense was committed, is being committed, or will be\ncommitted; or where the person or persons who subscribe to the wire or\nelectronic communication system live, work, or maintain an address or a post\noffice box. For the purposes of an order entered pursuant to this section for\nthe installation and use of a pen register or trap and trace device, such\ninstallation shall be deemed to occur in the jurisdiction where the order is\nentered, regardless of the physical location or the method by which the\ninformation is captured or routed to the law-enforcement officer that made the\napplication. Upon application, the court shall enter an ex parte order\nauthorizing the installation and use of a pen register or a trap and trace\ndevice if the court finds that the investigative or law-enforcement officer has\ncertified to the court that the information likely to be obtained by such\ninstallation and use is relevant to an ongoing criminal investigation.\n\t\t\tThe order shall specify:\n\n 1. The identity, if known, of the person in whose name the telephone line or\n other facility to which the pen register or trap and trace device is to be\n attached or applied is listed or to whom the line or other facility is leased;\n\n 2. The identity, if known, of the person who is the subject of the criminal\n investigation;\n\n 3. The attributes of the communications to which the order applies, including\n the number or other identifier and, if known, the location of the telephone\n line or other facility to which the pen register or trap and trace device is\n to be attached or applied; and\n\n 4. A statement of the offense to which the information likely to be obtained\n by the pen register or trap and trace device relates.\n\nC. Installation and use of a pen register or a trap and trace device shall be\nauthorized for a period not to exceed 60 days. Extensions of the order may be\ngranted, but only upon application made and order issued in accordance with this\nsection. The period of an extension shall not exceed 60 days.\n\nD. An order authorizing or approving the installation and use of a pen register\nor a trap and trace device shall direct that:\n\n 1. The order and application be sealed until otherwise ordered by the court;\n\n 2. Information, facilities and technical assistance necessary to accomplish\n the installation be furnished if requested in the application; and\n\n 3. The person owning or leasing the line or other facility to which the pen\n register or trap and trace device is attached or applied, or who is obligated\n by the order to provide assistance to the applicant, not disclose the\n existence of the pen register or trap and trace device or the existence of the\n investigation to the listed subscriber, or to any other person, unless or\n until otherwise ordered by the court.\n\nE. Upon request of an investigative or a law-enforcement officer authorized by\nthe court to install and use a pen register, a provider of wire or electronic\ncommunication service, a landlord, custodian or any other person so ordered by\nthe court shall, as soon as practicable, furnish the officer with all\ninformation, facilities, and technical assistance necessary to accomplish the\ninstallation of the pen register unobtrusively and with a minimum of\ninterference with the services that the person so ordered by the court accords\nthe party with respect to whom the installation and use is to take place.\n\nF. Upon request of an investigative or law-enforcement officer authorized by the\ncourt to receive the results of a trap and trace device under this section, a\nprovider of wire or electronic communication service, a landlord, custodian or\nany other person so ordered by the court shall, as soon as practicable, install\nthe device on the appropriate line and furnish the officer with all additional\ninformation, facilities and technical assistance, including installation and\noperation of the device, unobtrusively and with a minimum of interference with\nthe services that the person so ordered by the court accords the party with\nrespect to whom the installation and use is to take place. Unless otherwise\nordered by the court, the results of the trap and trace device shall be\nfurnished to the investigative or law-enforcement officer designated by the\ncourt at reasonable intervals during regular business hours for the duration of\nthe order. Where the law-enforcement agency implementing an ex parte order under\nthis subsection seeks to do so by installing and using its own pen register or\ntrap and trace device on a packet-switched data network of a provider of\nelectronic communication service to the public, the agency shall ensure that a\nrecord will be maintained that will identify (i) any officer or officers who\ninstalled the device and any officer or officers who accessed the device to\nobtain information from the network; (ii) the date and time the device was\ninstalled, the date and time the device was uninstalled, and the date, time, and\nduration of each time the device is accessed to obtain information; (iii) the\nconfiguration of the device at the time of its installation and any subsequent\nmodification thereof; and (iv) any information that has been collected by the\ndevice. To the extent that the pen register or trap and trace device can be set\nautomatically to record this information electronically, the record shall be\nmaintained electronically throughout the installation and use of such device.\nThe record maintained hereunder shall be provided ex parte and under seal of the\ncourt that entered the ex parte order authorizing the installation and use of\nthe device within 30 days after termination of the order, including any\nextensions thereof.\n\nG. A provider of a wire or electronic communication service, a landlord,\ncustodian or other person who furnishes facilities or technical assistance\npursuant to this section shall be reasonably compensated for reasonable and\nactual expenses incurred in providing such facilities and assistance. The\nexpenses shall be paid out of the criminal fund.\n\nH. When disclosure of real-time location data is not prohibited by federal law,\nan investigative or law-enforcement officer may obtain a pen register or trap\nand trace device installation without a court order, in addition to any\nreal-time location data obtained pursuant to subsection E of \u00a7 19.2-70.3, in\nthe following circumstances:\n\n 1. To respond to a user’s call for emergency services;\n\n 2. With the informed, affirmative consent of the owner or user of the\n electronic device concerned if (i) the device is in his possession, (ii) the\n owner or user knows or believes that the device is in the possession of an\n employee or agent of the owner or user with the owner’s or user’s\n consent, or (iii) the owner or user knows or believes that the device has been\n taken by a third party without the consent of the owner or user;\n\n 3. With the informed, affirmative consent of the legal guardian or next of kin\n of the owner or user, if reasonably available, if the owner or user is\n reasonably believed to be deceased, is reported missing, or is unable to be\n contacted;\n\n 4. To locate a child who is reasonably believed to have been abducted or to be\n missing and endangered; or\n\n 5. If the investigative or law-enforcement officer reasonably believes that an\n emergency involving the immediate danger to a person requires the disclosure,\n without delay, of pen register and trap and trace data, or real-time location\n data pursuant to subsection E of § 19.2-70.3, concerning a specific\n person and that a court order cannot be obtained in time to prevent the\n identified danger.\n \t\t\t\tNo later than three business days after seeking the installation of a pen\n register or trap and trace device pursuant to this subsection, the\n investigative or law-enforcement officer seeking the installation shall file\n with the appropriate court a written statement setting forth the facts giving\n rise to the emergency and the reasons why the installation of the pen register\n or trap and trace device was believed to be important in addressing the\n emergency.\n\nI. No cause of action shall lie in any court against a provider of a wire or\nelectronic communication service, its officers, employees, agents or other\nspecified persons for providing information, facilities, or assistance in\naccordance with the terms of a court order issued pursuant to this section. Good\nfaith reliance on a court order, a legislative authorization or a statutory\nauthorization is a complete defense against any civil or criminal action based\nupon a violation of this chapter.\n\nHISTORY: 1988, c. 889; 2002, cc. 588, 623; 2005, c. 934; 2016, c. 231; 2018, c.\n667.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}