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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 705.35: Assistance in installation and use of a pen register or a trap and trace device

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 3. Special Proceedings and Miscellaneous Procedures
  3. Title T. Procedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained
  4. Article 705. Pen Registers and Trap and Trace Devices

§ 705.35 Assistance in installation and use of a pen register or a trap

and trace device.

1. Upon the request of an applicant authorized to use a pen register

under this article, a provider of a wire or electronic communication

service, landlord, custodian, or other person shall furnish such

applicant, or his agent, forthwith 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, if such

assistance is directed by a court order as provided in section 705.10 of

this article.

2. Upon the request of an applicant authorized to receive the results

of a trap and trace device under this article, a provider of a wire or

electronic communication service, landlord, custodian, or other person

shall install such device forthwith on the appropriate line and shall

furnish such applicant forthwith all 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, if such installation and

assistance is directed by the court order as provided in section 705.10

of this article. Unless otherwise ordered by the court, the results of

the trap and trace device shall be furnished to the applicant, or his

agent, at reasonable intervals during regular business hours for the

duration of the order.

3. A provider of a wire or electronic communication service,

landlord, custodian, or other person who furnishes facilities or

technical assistance pursuant to this section shall be reasonably

compensated for such reasonable expenses incurred in providing such

facilities and assistance.

4. No cause of action shall lie in any court against any 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 under this

article. A good faith reliance by a provider of a wire or electronic

communication service upon the validity of a court order issued pursuant

to this article is a complete defense against any civil cause of action

or criminal action based entirely on a failure to comply with this

article.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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