§ 808b-12

808B.12 Emergency installation and use — subsequent application and order. 1. Notwithstanding any other provision of this chapter, a special state agent authorized by the prosecuting attorney or an assistant attorney general who reasonably determines that anemergency situation described in subsection 2 exists which requires the installation and useof a pen register or a trap and trace device before an order authorizing such installation anduse can be obtained with due diligence, may install and use a pen register or trap and tracedevice, if an order approving the installation or use is applied for and issued in accordancewith section 808B.11 within forty-eight hours of the installation. 2. Subsection 1 applies in the following emergency situations:a. Immediate danger of death or serious bodily injury to a person.b. Conspiratorial activities characteristic of organized crime.c. Immediate threat to a national security interest.d. Ongoing attack on a computer that constitutes a crime punishable by a term of imprisonment greater than one year. 3. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application

nishable by a term of imprisonment greater than one year. 3. 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 whenforty-eight hours have lapsed since the installation of the pen register or trap and trace device,whichever is earlier. 4. The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection 1 without applicationfor the authorizing order within forty-eight hours of the installation constitutes a seriousmisdemeanor. 5. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall bereasonably compensated for such reasonable expenses incurred in providing such facilitiesand assistance. 99 Acts, ch 78, §27; 99 Acts, ch 208, §66, 67; 2009 Acts, ch 88, §13Referred to in §808B.10, 808B.11, 808B.13 Sat Dec 23 12:34:10 2023 Iowa Code 2024, Section 808B.12 (16, 0)