(a) Application.--The Attorney General or a deputy attorney general designated in writing by the Attorney General or a district attorney or an assistant district attorney designated in writing by the district attorney may make application for an order or an extension of an order under section 5773 (relating to issuance of an order for use of certain devices) authorizing or approving disclosure of mobile communications tracking information or, if necessary, the production and disclosure of mobile communications tracking information, the installation and use of a pen register, a trap and trace device or a telecommunication identification interception device under this subchapter, in writing, under oath or equivalent affirmation, to a court of common pleas having jurisdiction over the offense under investigation or to any Superior Court judge when an application for an order authorizing interception of communications is or has been made for the targeted telephone or another application for interception under this subchapter has been made involving the same investigation.
(b) Contents of application.--An application under subsection (a) shall include:
(1) The identity and authority of the attorney making the application and the identity of the investigative or law enforcement agency conducting the investigation.
(2) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(3) An affidavit by an investigative or law enforcement officer which establishes probable cause for the issuance of an order or extension of an order under section 5773.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)
2012 Amendment. Act 202 amended subsec. (a).
1998 Amendment. Act 19 amended the section heading and subsec. (a).
Cross References. Section 5772 is referred to in section 5773 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
Section 5701 - Short title of chapter
Section 5703 - Interception, disclosure or use of wire, electronic or oral communications
Section 5704 - Exceptions to prohibition of interception and disclosure of communications
Section 5707 - Seizure and forfeiture of electronic, mechanical or other devices
Section 5708 - Order authorizing interception of wire, electronic or oral communications
Section 5709 - Application for order
Section 5710 - Grounds for entry of order
Section 5711 - Privileged communications
Section 5712 - Issuance of order and effect
Section 5712.1 - Target-specific orders
Section 5713 - Emergency situations
Section 5713.1 - Emergency hostage and barricade situations
Section 5714 - Recording of intercepted communications
Section 5715 - Sealing of applications, orders and supporting papers
Section 5716 - Service of inventory and inspection of intercepted communications
Section 5718 - Interception of communications relating to other offenses
Section 5719 - Unlawful use or disclosure of existence of order concerning intercepted communication
Section 5722 - Report by issuing or denying judge
Section 5723 - Annual reports and records of Attorney General and district attorneys
Section 5726 - Action for removal from office or employment
Section 5727 - Expiration (Repealed)
Section 5728 - Injunction against illegal interception
Section 5741 - Unlawful access to stored communications
Section 5742 - Disclosure of contents and records
Section 5743 - Requirements for governmental access
Section 5743.1 - Administrative subpoena
Section 5744 - Backup preservation
Section 5746 - Cost reimbursement
Section 5748 - Exclusivity of remedies
Section 5749 - Retention of certain records
Section 5761 - Mobile tracking devices
Section 5771 - General prohibition on use of certain devices and exception
Section 5772 - Application for an order for use of certain devices
Section 5773 - Issuance of an order for use of certain devices
Section 5774 - Assistance in installation and use of certain devices
Section 5775 - Reports concerning certain devices