Opinion No. (2003)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE ROBERT J. KOCHLY, DISTRICT ATTORNEY, COUNTY OF CONTRA COSTA, has requested an opinion on the following questions: 1. Do the federal statutes governing the installation of pen registers and trap and trace devices provide authority for issuance of a state court order permitting a state law enforcement officer to install or use pen registers or trap and trace devices? 2. Do the state statutes governing the issuance of administrative subpoenas provide authority for a state law enforcement officer to install or use pen registers or trap and trace devices? CONCLUSIONS 1. The federal statutes governing the installation of pen registers and trap and trace devices do not provide authority for issuance of a state court order permitting a state law enforcement officer to install or use pen registers or trap and trace devices. 2. The state statutes governing the issuance of administrative subpoenas do not provide authority for a state law enforcement officer to install or use pen registers or trap and trace devices. ANALYSIS A "pen register" records the numbers dialed out from a particular telephone line.…