NC H608

State Bureau of Investigation agents may install and use pen registers or trap and trace devices without a court order in emergency situations involving immediate danger of death or serious bodily injury, with supervisor permission.

Agents must seek court approval within 48 hours of installation and warrantless use must terminate after 48 hours, when information is obtained, or when a court order application is denied, whichever occurs first.

Agents may also use these devices warrantless for disappearances of individuals, runaway children, or missing persons with no readily apparent criminal charge but where the person may be in immediate danger of death or serious bodily injury.

Violations of the 48-hour court order requirement or termination requirements constitute a Class 1 misdemeanor.

The act becomes effective December 1, 2019, and applies to installations occurring on or after that date.