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Online Attorney
b. L. 100-690, title VII, Secs. 7040,
7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647,
title XXXV, Sec. 3575, Nov. 29, 1990, 104 Stat. 4929; Pub. L.
103-414, title II, Sec. 201(b)(2), Oct. 25, 1994, 108 Stat. 4290;
Pub. L. 107-56, title II, Sec. 216(c)(5), (6), Oct. 26, 2001, 115
Stat. 290.)
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REFERENCES IN TEXT
The Communications Assistance for Law Enforcement Act, referred
to in subsec. (f), is title I of Pub. L. 103-414, Oct. 25, 1994,
108 Stat. 4279, which is classified generally to subchapter I (Sec.
1001 et seq.) of chapter 9 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of Title 47
and Tables.
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AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-56, Sec. 216(c)(6), inserted "or
other facility" after "the appropriate line".
Subsec. (d). Pub. L. 107-56, Sec. 216(c)(5), struck out "the
terms of" before "a court order".
1994 - Subsec. (f). Pub. L. 103-414 added subsec. (f).
1990 - Subsec. (b). Pub. L. 101-647 substituted "section 3123(b)"
for "subsection 3123(b)".
1988 - Subsec. (b). Pub. L. 100-690, Secs. 7040, 7092(d),
inserted ", pursuant to subsection 3123(b) or section 3125 of this
title," after "shall be furnished" and "order" after last reference
to "court".
Subsec. (d). Pub. L. 100-690, Sec. 7092(b)(1), inserted "or
request pursuant to section 3125 of this title" after "this
chapter".
Subsec. (e). Pub. L. 100-690, Sec. 7092(b)(2), inserted "under
this chapter, a request pursuant to section 3125 of this title"
after "court order".
ASSISTANCE TO LAW ENFORCEMENT AGENCIES
Pub. L. 107-56, title II, Sec. 222, Oct. 26, 2001, 115 Stat. 292,
provided that: "Nothing in this Act [see Short Title of 2001
Amendment note set out under section 1 of this title] shall impose
any additional technical obligation or requirement on a provider of
a wire or electronic communication service or other person to
furnish facilities or technical assistance. A provider of a wire or
electronic communication service, landlord, custodian, or other
person who furnishes facilities or technical assistance pursuant to
section 216 [amending this section and sections 3121, 3123, and
3127 of this title] shall be reasonably compensated for such
reasonable expenditures incurred in providing such facilities or
assistance."
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3123 of this title.
-End-
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18 USC Sec. 3125 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD-
Sec. 3125. Emergency pen register and trap and trace device
installation
-STATUTE-
(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;
(B) conspiratorial activities characteristic of organized
crime;
(C) an immediate threat to a national security interest; or
(D) an ongoing attack on a protected computer (as defined in
section 1030) that constitutes a crime punishable by a term of
imprisonment greater than one year;
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 of 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.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7092(a)(2), Nov. 18, 1988,
102 Stat. 4410; amended Pub. L. 103-322, title XXXIII, Sec.
330008(3), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 104-294, title
VI, Sec. 601(f)(5), Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107-296,
title II, Sec. 225(i), Nov. 25, 2002, 116 Stat. 2158.)
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PRIOR PROVISIONS
A prior section 3125 was renumbered section 3126 of this title.
AMENDMENTS
2002 - Subsec. (a)(1)(C), (D). Pub. L. 107-296 added subpars. (C)
and (D).
1996 - Subsec. (a). Pub. L. 104-294 struck out closing quotation
mark at end.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 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.
Subsec. (d). Pub. L. 103-322, Sec. 330008(3)(C), substituted
"provider of" for "provider for".
EFFECTIVE DATE OF 2002 AMENDMENT
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2707, 3124 of this title;
title 47 section 1002.
-End-
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18 USC Sec. 3126 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD-
Sec. 3126. Reports concerning pen registers and trap and trace
devices
-STATUTE-
The Attorney General shall annually report to Congress on the
number of pen register orders and orders for trap and trace devices
applied for by law enforcement agencies of the Department of
Justice, which report shall include information concerning -
(1) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
(2) the offense specified in the order or application, or
extension of an order;
(3) the number of investigations involved;
(4) the number and nature of the facilities affected; and
(5) the identity, including district, of the applying
investigative or law enforcement agency making the application
and the person authorizing the order.
-SOURCE-
(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100
Stat. 1871, Sec. 3125; renumbered Sec. 3126, Pub. L. 100-690, title
VII, Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub.
L. 106-197, Sec. 3, May 2, 2000, 114 Stat. 247.)
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PRIOR PROVISIONS
A prior section 3126 was renumbered section 3127 of this title.
AMENDMENTS
2000 - Pub. L. 106-197 substituted ", which report shall include
information concerning - " and pars. (1) to (5) for period at end.
1988 - Pub. L. 100-690 renumbered section 3125 of this title as
this section.
REPORT ON USE OF DCS 1000 (CARNIVORE) TO IMPLEMENT ORDERS UNDER
SECTION 3123
Pub. L. 107-273, div. A, title III, Sec. 305(a), Nov. 2, 2002,
116 Stat. 1782, provided that: "At the same time that the Attorney
General submits to Congress the annual reports required by section
3126 of title 18, United States Code, that are respectively next
due after the end of each of the fiscal years 2002 and 2003, the
Attorney General shall also submit to the Chairmen and ranking
minority members of the Committees on the Judiciary of the Senate
and of the House of Representatives a report, covering the same
respective time period, on the number of orders under section 3123
applied for by law enforcement agencies of the Department of
Justice whose implementation involved the use of the DCS 1000
program (or any subsequent version of such program), which report
shall include information concerning -
"(1) the period of interceptions authorized by the order, and
the number and duration of any extensions of the order;
"(2) the offense specified in the order or application, or
extension of an order;
"(3) the number of investigations involved;
"(4) the number and nature of the facilities affected;
"(5) the identity of the applying investigative or law
enforcement agency making the application for an order; and
"(6) the specific persons authorizing the use of the DCS 1000
program (or any subsequent version of such program) in the
implementation of such order."
-End-
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18 USC Sec. 3127 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 206 - PEN REGISTERS AND TRAP AND TRACE DEVICES
-HEAD-
Sec. 3127. Definitions for chapter
-STATUTE-
As used in this chapter -
(1) the terms "wire communication", "electronic communication",
"electronic communication service", and "contents" have the
meanings set forth for such terms in section 2510 of this title;
(2) the term "court of competent jurisdiction" means -
(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court of
appeals having jurisdiction over the offense being
investigated; or
(B) a court of general criminal jurisdiction of a State
authorized by the law of that State to enter orders authorizing
the use of a pen register or a trap and trace device;
(3) the term "pen register" means a device or process which
records or decodes dialing, routing, addressing, or signaling
information transmitted by an instrument or facility from which a
wire or electronic communication is transmitted, provided,
however, that such information shall not include the contents of
any communication, but such term does not include any device or
process 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 or process 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;
(4) the term "trap and trace device" means a device or process
which captures the incoming electronic or other impulses which
identify the originating number or other dialing, routing,
addressing, and signaling information reasonably likely to
identify the source of a wire or electronic communication,
provided, however, that such information shall not include the
contents of any communication;
(5) the term "attorney for the Government" has the meaning
given such term for the purposes of the Federal Rules of Criminal
Procedure; and
(6) the term "State" means a State, the District of Columbia,
Puerto Rico, and any other possession or territory of the United
States.
-SOURCE-
(Added Pub. L. 99-508, title III, Sec. 301(a), Oct. 21, 1986, 100
Stat. 1871, Sec. 3126; renumbered Sec. 3127, Pub. L. 100-690, title
VII, Sec. 7092(a)(1), Nov. 18, 1988, 102 Stat. 4410; amended Pub.
L. 107-56, title II, Sec. 216(c)(1)-(4), Oct. 26, 2001, 115 Stat.
290.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in par. (5),
are set out in the Appendix to this title.
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AMENDMENTS
2001 - Par. (1). Pub. L. 107-56, Sec. 216(c)(4), struck out "and"
after " 'electronic communication'," and inserted ", and 'contents'
" after " 'electronic communication service' ".
Par. (2)(A). Pub. L. 107-56, Sec. 216(c)(1), added subpar. (A)
and struck out former subpar. (A) which read as follows: "a
district court of the United States (including a magistrate judge
of such a court) or a United States Court of Appeals; or".
Par. (3). Pub. L. 107-56, Sec. 216(c)(2), substituted "dialing,
routing, addressing, or signaling information transmitted by an
instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that such
information shall not include the contents of any communication"
for "electronic or other impulses which identify the numbers dialed
or otherwise transmitted on the telephone line to which such device
is attached" and inserted "or process" after "device" wherever
appearing.
Par. (4). Pub. L. 107-56, Sec. 216(c)(3), inserted "or process"
after "means a device" and substituted "or other dialing, routing,
addressing, and signaling information reasonably likely to identify
the source of a wire or electronic communication, provided,
however, that such information shall not include the contents of
any communication;" for "of an instrument or device from which a
wire or electronic communication was transmitted;".
1988 - Pub. L. 100-690 renumbered section 3126 of this title as
this section.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2711 of this title; title
47 section 1002; title 50 section 1841.
-End-
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18 USC CHAPTER 207 - RELEASE AND DETENTION PENDING
JUDICIAL PROCEEDINGS 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
-HEAD-
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
-MISC1-
Sec.
3141. Release and detention authority generally.
3142. Release or detention of a defendant pending trial.
3143. Release or detention of a defendant pending sentence
or appeal.
3144. Release or detention of a material witness.
3145. Review and appeal of a release or detention order.
3146. Penalty for failure to appear.
3147. Penalty for an offense committed while on release.
3148. Sanctions for violation of a release condition.
3149. Surrender of an offender by a surety.
3150. Applicability to a case removed from a State court.
[3150a. Repealed.]
3151. Refund of forfeited bail.
3152. Establishment of pretrial services.
3153. Organization and administration of pretrial services.
3154. Functions and powers relating to pretrial services.
3155. Annual reports.
3156. Definitions.
AMENDMENTS
1988 - Pub. L. 100-690, title VII, Sec. 7084(b), Nov. 18, 1988,
102 Stat. 4408, added item 3151.
1984 - Pub. L. 98-473, title II, Sec. 203(e), Oct. 12, 1984, 98
Stat. 1985, inserted "AND DETENTION PENDING JUDICIAL PROCEEDING" in
chapter heading, added new items 3141 to 3150, and struck out
former items 3141 to 3151 as follows: item 3141 "Power of courts
and magistrates", item 3142 "Surrender by bail", item 3143
"Additional bail", item 3144 "Cases removed from State courts",
item 3145 "Parties and witnesses - Rule", item 3146 "Release in
noncapital cases prior to trial", item 3147 "Appeal from conditions
of release", item 3148 "Release in capital cases or after
conviction", item 3149 "Release of material witnesses", item 3150
"Penalties for failure to appear", item 3150a "Refund of forfeited
bail", item 3151 "Contempt".
1982 - Pub. L. 97-267, Sec. 6, Sept. 27, 1982, 96 Stat. 1138,
struck out "agencies" after "services" in item 3152, substituted
"and administration of pretrial services" for "of pretrial services
agencies" in item 3153, "relating to pretrial services" for "of
pretrial services agencies" in item 3154, and "Annual reports" for
"Report to Congress" in item 3155.
Pub. L. 97-258, Sec. 2(d)(3)(A), Sept. 13, 1982, 96 Stat. 1058,
added item 3150a.
1975 - Pub. L. 93-619, title II, Sec. 202, Jan. 3, 1975, 88 Stat.
2089, added items 3153 to 3156, and in item 3152, substituted
"Establishment of Pretrial Services Agencies" for "Definitions".
1966 - Pub. L. 89-465, Secs. 3(b), 5(e)(1), June 22, 1966, 80
Stat. 216, 217, substituted "RELEASE" for "BAIL" in chapter heading
and "Release in noncapital cases prior to trial" for "Jumping Bail"
in item 3146, and added items 3147 to 3152.
1954 - Act Aug. 20, 1954, ch. 772, Sec. 2, 68 Stat. 748, added
item 3146.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 3041, 3062, 3265, 4241,
4282, 4285, 5037 of this title.
-End-
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18 USC Sec. 3141 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
-HEAD-
Sec. 3141. Release and detention auth
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