In re Application of the United States of America

846 F. Supp. 1555 (1994)

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In re Application of the United States of America

United States District Court for the Middle District of Florida
846 F. Supp. 1555 (1994)

AR

Facts

A magistrate judge twice denied United States applications for an order authorizing the use of a pen register to investigate a crime within the Middle District of Florida. The judge based the denials on the United States’ failure to produce facts sufficient to establish the court’s jurisdiction and the pen register’s purpose and probable results. The United States appealed to the United States District Court for the Middle District of Florida, arguing that the relevant statute only required a pen-register application to include the name of the requesting attorney, the name of the investigating agency, and the attorney’s certification that the information likely to be obtained from the pen register is relevant to an ongoing criminal investigation.

Rule of Law

Issue

Holding and Reasoning (Merryday, J.)

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