ORS 165.667
Order by court

  • findings
  • contents of order

(1)

Upon application made under ORS 133.545 (Issuance of search warrant), the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that there is probable cause to believe that:

(a)

An individual is committing, has committed or is about to commit:

(A)

A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;

(B)

A crime punishable as a felony under ORS 475.752 (Prohibited acts generally), 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) or 475.906 (Penalties for unlawful delivery to minors);

(C)

A crime under ORS 166.720 (Racketeering activity unlawful) that includes as part of the pattern of racketeering activity at least one incident of conduct that constitutes a felony; or

(D)

Any conspiracy to commit a crime described in subparagraphs (A) to (C) of this paragraph; and

(b)

Use of a pen register or trap and trace device will yield evidence relevant to the crime.

(2)

The order shall:

(a)

Specify the 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;

(b)

Specify the identity, if known, of the person who is the subject of the criminal investigation;

(c)

Specify the number and, if known, physical location of the telephone number 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;

(d)

Contain a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates;

(e)

Direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device;

(f)

Authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 30 days, which may be extended by application and order for a period not to exceed an additional 30 days;

(g)

Direct that the order and application be sealed until otherwise ordered by the court; and

(h)

Direct the person owning or leasing the line to which the pen register or the trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not to 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 other person, unless or until otherwise ordered by the court. [1989 c.983 §19; 2003 c.451 §2; 2005 c.708 §50]

Source: Section 165.667 — Order by court; findings; contents of order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

165.002
Definitions for ORS 165.002 to 165.070
165.007
Forgery in the second degree
165.013
Forgery in the first degree
165.017
Criminal possession of a forged instrument in the second degree
165.022
Criminal possession of a forged instrument in the first degree
165.027
Evidence admissible to prove forgery or possession of forged instrument
165.032
Criminal possession of a forgery device
165.037
Criminal simulation
165.042
Fraudulently obtaining a signature
165.047
Unlawfully using slugs
165.055
Fraudulent use of a credit card
165.065
Negotiating a bad check
165.070
Possessing fraudulent communications device
165.072
Definitions for ORS 165.072 and 165.074
165.074
Unlawful factoring of payment card transaction
165.075
Definitions
165.080
Falsifying business records
165.085
Sports bribery
165.090
Sports bribe receiving
165.095
Misapplication of entrusted property
165.100
Issuing a false financial statement
165.102
Obtaining execution of documents by deception
165.109
Failing to maintain a cedar purchase record
165.114
Sale of educational assignments
165.116
Definitions for ORS 165.116 to 165.124
165.117
Metal property transaction records
165.118
Metal property offenses
165.122
Compliance with subpoena for information related to metal transaction
165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122
165.127
County metal theft plan of action
165.535
Definitions applicable to obtaining contents of communications
165.540
Obtaining contents of communications
165.542
Reports required concerning use of electronic listening device
165.543
Interception of communications
165.545
Prohibitions not applicable to fire or police activities
165.549
Prevention of telephone communications when hostage taken
165.555
Unlawful telephone solicitation of contributions for charitable purposes
165.560
Application of ORS 165.555
165.565
Optional local ordinances
165.570
Improper use of emergency communications system
165.572
Interference with making a report
165.575
Definitions for ORS 165.575 to 165.583
165.577
Cellular counterfeiting in the third degree
165.579
Cellular counterfeiting in the second degree
165.581
Cellular counterfeiting in the first degree
165.583
Exemptions from ORS 165.577, 165.579 and 165.581
165.657
Definitions for ORS 165.659 to 165.669
165.659
General prohibition
165.661
When provider of communication service may use devices
165.663
Use by police
165.667
Order by court
165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
165.671
Defense to civil or criminal action
165.673
Disclosure of results prohibited
165.690
Definitions for ORS 165.690, 165.692 and 165.694
165.692
Making false claim for health care payment
165.694
Aggregation of claims
165.696
Who may commence prosecution
165.698
Notice of conviction
165.800
Identity theft
165.803
Aggravated identity theft
165.805
Misrepresentation of age by a minor
165.810
Unlawful possession of a personal identification device
165.813
Unlawful possession of fictitious identification
165.815
Criminal impersonation
165.825
Sale of drugged horse
165.840
“Telegraphic copy” defined for ORS 165.845 and 165.850
165.845
Making and drawing of checks and notes by wire
165.850
Manner of expressing private and official seals in telegrams
165.990
Penalties
Green check means up to date. Up to date