                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
          CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
 
Sec. 3125. Emergency pen register and trap and trace device 
        installation
        
    (a) Notwithstanding any other provision of this chapter, any 
investigative or law enforcement officer, specially designated by the 
Attorney General, the Deputy Attorney General, the Associate Attorney 
General, any Assistant Attorney General, any acting Assistant Attorney 
General, or any Deputy Assistant Attorney General, or by the principal 
prosecuting attorney of any State or subdivision thereof acting pursuant 
to a statute of that State, who reasonably determines that--
        (1) an emergency situation exists that involves--
            (A) immediate danger of death or serious bodily injury to 
        any person; or
            (B) conspiratorial activities characteristic of organized 
        crime,

    that requires the installation and use of a pen register or a trap 
    and trace device before an order authorizing such installation and 
    use can, with due diligence, be obtained, and
        (2) there are grounds upon which an order could be entered under 
    this chapter to authorize such installation and use;

may have installed and use a pen register or trap and trace device if, 
within forty-eight hours after the installation has occurred, or begins 
to occur, an order approving the installation or use is issued in 
accordance with section 3123 of this title.
    (b) In the absence of an authorizing order, such use shall 
immediately terminate when the information sought is obtained, when the 
application for the order is denied or when forty-eight hours have 
lapsed since the installation of the pen register or trap and trace 
device, whichever is earlier.
    (c) The knowing installation or use by any investigative or law 
enforcement officer of a pen register or trap and trace device pursuant 
to subsection (a) without application for the authorizing order within 
forty-eight hours of the installation shall constitute a violation of 
this chapter.
    (d) A provider of a wire or electronic service, landlord, custodian, 
or other person who furnished facilities or technical assistance 
pursuant to this section shall be reasonably compensated for such 
reasonable expenses incurred in providing such facilities and 
assistance.

(Added Pub. L. 100-690, title VII, Sec. 7092(a)(2), Nov. 18, 1988, 102 
Stat. 4410; amended Pub. L. 103-322, title XXXIII, Sec. 330008(3), Sept. 
13, 1994, 108 Stat. 2142; Pub. L. 104-294, title VI, Sec. 601(f)(5), 
Oct. 11, 1996, 110 Stat. 3499.)


                            Prior Provisions

    A prior section 3125 was renumbered section 3126 of this title.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-294 struck out closing quotation mark 
at end.
    1994--Subsec. (a). Pub. L. 103-322, Sec. 330008(3)(A), (B), 
substituted ``use;'' for ``use' '' in par. (2) and directed that matter 
beginning with ``may have installed'' and ending with ``section 3123 of 
this title'' be realigned so that it is flush to the left margin, which 
was executed to text containing a period after ``section 3123 of this 
title'', to reflect the probable intent of Congress.
    Subsec. (d). Pub. L. 103-322, Sec. 330008(3)(C), substituted 
``provider of'' for ``provider for''.

                  Section Referred to in Other Sections

    This section is referred to in section 3124 of this title; title 47 
section 1002.
