State v. Thompson

BURNETT, Judge.

The state brings this interlocutory appeal from an order suppressing evidence obtained through a wiretap. Although the wiretap was authorized by a warrant, the district court suppressed the evidence because the application for the warrant contained information generated by a pen register which had been installed without a judicial determination of probable cause. Today we must decide whether use of the pen register was an issue properly before the district court and, if so, whether the court was correct in ruling that probable cause must be established before a pen register may…