{"data":{"id":"us-nc/n.c.-gen.-stat.-15a-263","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 15A-263","heading":"Issuance of order for pen register or trap and trace device.","body":"(a)\tIn General. - Following application made under G.S. 15A-262, a superior court judge may enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the State if the judge finds:\n(1)\tThat there is reasonable suspicion to believe that a felony offense, or a Class A1 or Class 1 misdemeanor offense has been committed;\n(2)\tThat there are reasonable grounds to suspect that the person named or described in the affidavit committed the offense, if that person is known and can be named or described; and\n(3)\tThat the results of procedures involving pen registers or trap and trace devices will be of material aid in determining whether the person named in the affidavit committed the offense.\n(b)\tContents of Order. - An order issued under this section:\n(1)\tShall specify:\na.\tThe identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;\nb.\tThe identity, if known, of the person who is the subject of the criminal investigation;\nc.\tThe number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and\nd.\tThe offense to which the information likely to be obtained by the pen register or trap and trace device relates; and\n(2)\tShall direct, upon request of the applicant, the furnishing of information, facilities, or technical assistance necessary to accomplish the installation of the pen register or trap and trace device under G.S. 15A-264.\n(c)\tTime Period and Extension.\n(1)\tAn order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.\n(2)\tAn extension of an order issued under this section may be granted, but only upon an application for an order under G.S. 15A-262 and upon the judicial finding required by subsection (a) of this section. The period of extension shall not exceed 60 days.\n(d)\tNondisclosure of Existence of Pen Register or a Trap and Trace Device. - An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:\n(1)\tThe order be sealed until otherwise ordered by the judge; and\n(2)\tThe person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the judge 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 person, unless otherwise ordered by the judge.\nThe provisions of G.S. 15A-903 and 15A-904 shall apply to this Article. (1987 (Reg. Sess., 1988), c. 1104, s. 1; 1997-80, s. 13.)","path":["Chapter 15A. Criminal Procedure Act.","SUBCHAPTER II. LAW-ENFORCEMENT AND INVESTIGATIVE PROCEDURES.","Article 12. Pen Registers; Trap and Trace Devices."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-263.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:42Z","sha256":"fb0ca4ea42dce511560dc6b46a4c649abd0f730fb98e033f8858cb47366fed3a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-15a-262","next":"us-nc/n.c.-gen.-stat.-15a-264"},"notice":"GroundRules: Original legal text. Not legal advice."}