◆ SpookStack

~ e Sensitive Manual of Investigative Operations and Guidelines Part II PAGE 10 - or law enforcement officer of a pen register or trap and trace device pursuant to (1) above without application for the authorizing order within 48 hours of the installation shall constitute a violation of this chapter. In essence, the "emergency" trap and trace provision mirrors the “emergency Title III" provision found in Title 18, USC, Section 2518(7). However, there are several differences. First, the number of statutorily designated DOJ officials who may approve emergency use of trap and trace devices in Federal investigations is broadened to include “any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant A{torney General." Second, unlike Section 2518(7), the emergency trap and trace statute does not include emergency situations involving “conspiratorial activities threatening the national security interest." In those rare situations where an “emergency” trap and trace would be required for use in situations threatening the national security, consideration should be given: (a) to utilizing the emergency provisions of the Foreign Intelligence Surveillance Act of 1978 (FISA), which regulates pen register/trap and trace devices as well as electronic surveillance interceptions in Mational security investigations, which include criminal espionage cases; or (b) to emphasizing that the situation, although threatening the national security, either involves an immediate danger of death or serious physical injury to any person or that the situation concerns conspiratorial activities characteristic of organized crime -(e.g., a terrorist group's plan to bomb a building). Of course, if investigative or law enforcement officers are dealing with the telephone subscriber or customer (user), the customer's consent, as is indicated in Section 3121(b) (3), is sufficient, and a court order need not be obtained. Use Form FD-472 to document consent. EFFECTIVE: 03/23/92 10-11 FBI UNDERCOVER ACTIVITIES - CRIMINAL MATTERS | (SEE MIOG, PART II, 10-14.1.5.) | (NOTE: FBI UNDERCOVER ACTIVITIES - FCI MATTERS, SEE FCI MANUAL. ) The undercover technique is one of the most effective and successful investigative tools the Federal Bureau of Investigation has to investigate crime. As such, it should be protected and used Sensitive PRINTED: 03/14/94 98 ~—