Legal Opinion

In Re the United States for an Order Authorizing the Use of Two Pen Register & Trap & Trace Devices

District Court, E.D. New York

Decided November 26, 2008No. Misc. 08-308PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM & ORDER

NICHOLAS G. GARAUFIS, District Judge.

This matter comes before the court as an appeal of Magistrate Judge James Orenstein’s June 11, 2008 Amended Orders, in which Judge Orenstein authorized the issuance of two pen registers under the Pen Register and Trap and Trace Statute, 18 U.S.C. §§ 3121 et seq. (“Pen Register Statute”). In the Government’s view, Judge Orenstein’s denial of its request for post-cut-through dialed digits 1 along with other “significant caveats” in the Amended Orders effectively denied its application. (See Government’s Appeal to the District Court, dated…

2Cases cited13 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Berger v. New YorkSupreme Court of the United States · 1967
  4. Clark v. MartinezSupreme Court of the United States · 2005
  5. United States v. KaroSupreme Court of the United States · 1984

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3Cited by19 opinions

  1. American Civil Liberties Union v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2011
  2. State v. EarlsSupreme Court of New Jersey · 2013
  3. In re United StatesDistrict Court, E.D. New York · 2011
  4. Shawn Alvin Tracey v. State of FloridaSupreme Court of Florida · 2014
  5. In re the United States for an Order Authorizing Disclosure of Location Information of a Specified Wireless TelephoneDistrict Court, D. Maryland · 2011

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