Maryland, (323) the Supreme Court held the third-party doctrine applied to the warrantless installation of a pen register
used to record telephone numbers dialed from the defendant's home.
The question in this case was whether the pen register
statute applied to the use of cell site simulator to determine a suspect's location via geolocation data obtained from a cell phone.
"The case presents an important constitutional issue and we believe that the 4th Circuit will agree that(the department's)presentation of a pen register
order to a judge does not magically turn it into a warrant through the surreptitious inclusion of vague 'probably cause' boilerplate language in the document," H.
(43) This case arose after Baltimore police had the local telephone company install a pen register
at its central office to record the phone numbers the suspect dialed, all without a warrant.
They said the phones were monitored by a pen register
, which keeps a log of phone numbers on both ends of the conversation, but does not hear the audio.
S04914, a bill introduced in the New York Senate in 2015, sought to include "mobile phone surveillance systems" within the New York pen register
statute that granted the court to issue orders.
(115) amended the definition of a pen register
to include any device
A court applying the influence approach might look to the federal statute known as the Pen Register
(73.) A pen register
is a device or process that "records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted," as long as the transmission does not include contents.
The Court therefore held that law enforcement agencies do not need a warrant to install what is called a "pen register
" on a telephone account that records and reports the numbers called and the duration of the calls, but not the content of the conversations.
Similarly, both the type and volume of communications records at issue in the metadata cases are fundamentally different from the pen register
(132) records at issue in Smith v.