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Current as of January 01, 2024 | Updated by FindLaw Staff
1. Upon the request of the attorney general, assistant attorney general, state's attorney, or assistant state's attorney or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the investigative or law enforcement officer 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 this chapter.
2. Upon the request of the attorney general, assistant attorney general, state's attorney, or assistant state's attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install the device on the appropriate line and shall furnish the investigative or law enforcement officer 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, if such installation and assistance is directed by a court order as provided in this chapter. Unless otherwise ordered by the court, the results of the trap and trace device must be furnished to the officer of a law enforcement agency designated by the court 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 under this section must be reasonably compensated for reasonable expenses incurred in providing the facilities and assistance.
4. No cause of action lies 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 chapter.
5. A good-faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.
Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-29.3-05. Assistance in installation and use of a pen register or a trap and trace device - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-29-3-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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