JUDICIAL COERCION OF UNWILLING TELEPHONE COMPANIES IN PEN REGISTER CASES

• NCJ Number: 40476
• Journal: University of Cincinnati Law Review Volume: 45 Issue: 4 Dated: (1976) Pages: 649-659
• Author(s): J E BURKE
• Date Published: 1976
• Length: 11 pages
• Corporate Author: University of Cincinnati Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE FOCUSES ON A CURRENT PROBLEM CONCERNING WHETHER A DISTRICT COURT, IN ISSUING AN ORDER AUTHORIZING LAW ENFORCEMENT OFFICIALS TO INSTALL A PEN REGISTER, MAY COMPEL A TELEPHONE COMPANY TO ASSIST IN ITS INSTALLATION.

Abstract

A PEN REGISTER IS A MECHANICAL DEVICE USUSALLY ATTACHED TO A GIVEN PHONE INSIDE THE CENTRAL OFFICE OF A TELEPHONE COMPANY. IT RECORDS ONLY THE NUMBERS DIALED FROM THAT LINE, AND DOES NOT RECORD INCOMING NUMBERS. ITS USE DOES NOT INVOLVE THE MONITORING OF TELEPHONE CONVERSATIONS. RECENT COURT DECISIONS ARE ANALYZED AND THE AUTHOR CONCLUDES THAT CONGRESS SHOULD CLARIFY THE RULES REGULATING THE USE OF PEN REGISTERS TO REDUCE JUDICIAL CONFUSION....MSP