AUSAs request Pen Register or Trap and Trace orders, and Magistrate Judges issue them for up to 60 days.

Outline:

• Hook and framing: a quick map of how these orders work in real life

• The bottom line first: AUSAs request, Magistrate Judges issue, 60-day limit

• Who can request: role of AUSAs and why they’re in the driver’s seat

• Who signs off: Magistrate Judges and the process they oversee

• The clock starts ticking: why 60 days matters

• A quick walk-through: the practical flow from application to order

• Common questions and quick clarifications

• Why this matters in the field: protecting rights while solving crimes

• Glossary and quick resources

• Wrap-up: what to remember

Who calls the shots on Pen Registers and Trap-and-Trace orders? Let me explain in plain terms, with the big picture in mind. When law enforcement needs to gather communications data without the content of the messages, they lean on a Pen Register or Trap and Trace order. Think of it as collecting the “where did this call come from and where did it go” data rather than the message itself. The people who can request one are the Assistant United States Attorneys (AUSAs). The court that usually signs off on these orders is a Magistrate Judge. And there’s a strict time limit: the order lasts for up to 60 days.

The bottom line, straight up: AUSAs request the order, Magistrate Judges issue it, and the duration is a clean 60 days. That triad keeps the process focused, with enough judicial oversight to protect people’s privacy while letting investigators do their job when warrants aren’t required for content.

Who can request a Pen Register or Trap and Trace order?

• The role matters here. In federal matters, the authority to seek these orders rests with the Assistant United States Attorneys. They’re the prosecutors who work on cases from startup through trial, always backed by the government’s legal teams.

• Why AUSAs? They’re the ones closest to the charge, the evidence, and the need for data that can establish a link in a chain of events. They know what data is needed, how it helps the investigation, and how to present the request in a way that a judge can assess quickly.

• Put simply: you don’t hand this off to a defense attorney or a local police officer to file. It’s a federal matter, and the AUSA is the properly empowered party to bring the request forward.

Who can issue the order? The magistrate judge

• Once the AUSA files the request, the next key actor is the magistrate judge. A magistrate judge sits in a different role than a district judge, but with the authority to issue orders for surveillance tools when the applicable rules are satisfied.

• The magistrate judge’s job is to evaluate the application, confirm the legal standards, and ensure the request aligns with the relevant statutes and constitutional protections. It’s about balancing investigative needs with privacy rights.

• You’ll hear the phrase “issued by a magistrate judge” in practical reports, headlines, and case summaries. It’s the moment where law meets lawfare in the most precise sense: careful, procedural, and focused.

Why the 60-day duration?

• Time matters. The clock on a Pen Register or Trap and Trace order is set at 60 days. That’s not just a number; it’s a measured window that gives investigators access to the data they need without turning the data collection into a long-running, unchecked process.

• The reasoning behind a finite window is rooted in protecting civil liberties. Periodic judicial review helps ensure the ongoing need for data remains justified and proportionate.

• In some contexts, a court can extend or adjust procedures depending on the evolving facts of a case and the applicable rules, but the standard reference point you’ll see in many cases is: up to 60 days.

How the process typically flows (in plain language)

• Step 1: AUSA identifies a need for non-content data and prepares a precise request, including what data is sought, why it’s necessary, and how it will be used.

• Step 2: The AUSA files the petition with a magistrate judge, presenting the legal basis and how the data will aid the investigation. This is where clarity matters—what’s sought, for what purpose, and for how long.

• Step 3: The magistrate judge reviews the application for compliance with statutory requirements and judicial norms. If it fits, the order is issued.

• Step 4: Law enforcement uses the Pen Register or Trap and Trace tools to collect data for up to 60 days. The data helps link suspects, associates, locations, or events without exposing the content of communications.

• Step 5: As the 60-day window nears or passes, the team evaluates whether continued data collection is necessary and, if so, whether renewal or a different mechanism is appropriate, always under lawful oversight.

Common questions and quick clarifications

• Does the district court ever get involved? In practice, the magistrate judge handles the initial issuance. The district court isn’t typically the signatory for these orders, though related motions or objections can involve higher courts if they arise.

• Can an agent request directly? Not in this framework. The authority to request lies with AUSAs. Local agents may coordinate and provide the necessary information, but the formal filing is an AUSA responsibility.

• Do Pen Registers and Trap and Trace orders cover everything? They’re designed to capture metadata about communications—like numbers dialed, times, and call patterns—without revealing the content of the communications themselves. If content is needed, different procedures apply.

• What about extensions? The 60-day figure is the standard window. Extensions aren’t automatic; they require new or additional orders and continued judicial review.

• Is this still relevant outside the federal system? States have their own rules and procedures, which can differ significantly. The 60-day ceiling below is a federal standard you’ll see echoed across many federal case summaries and training materials.

Why this topic matters in the field

• It’s not just about ticking boxes. Pen Register and Trap and Trace orders are about gathering critical data in a way that respects privacy and civil liberties. They’re a tool in the investigative toolkit, but they come with tight controls so they don’t become a blanket data grab.

• For students and professionals absorbing the landscape, understanding who can request, who signs, and how long the window lasts helps you read case summaries more clearly. You’ll spot the pattern quickly: AUSA → magistrate judge → 60 days.

• The practical impact is real: these orders can illuminate the web of calls and connections that might otherwise stay hidden. They’re often a piece of the puzzle, helping law enforcement build a case while maintaining oversight.

A quick glossary to keep handy

• AUSA: Assistant United States Attorney, the federal prosecutor in a case.

• Pen Register: A device or service that records dialing, routing, and signaling information about telecommunications metadata.

• Trap and Trace: A close cousin to the pen register, focusing on the origin or destination of communications data.

• Magistrate Judge: A judge who handles pretrial matters and issues certain orders in federal cases, including pen registers and trap-and-trace orders.

• 60 days: The standard duration for a Pen Register or Trap and Trace order, from the date of issuance.

Resources and related concepts you might want to explore

• Federal Rules and statutes that govern this area, including provisions under the Electronic Communications Privacy Act and related federal rules.

• Training materials and summaries from federal courts that outline the application process for these orders.

• Case law that discusses the balance between investigative needs and privacy protections, which can illuminate how courts interpret necessity and reasonableness in these orders.

Wrapping it up: the core takeaway

• If you’re tracing the path of a Pen Register or Trap and Trace order, the map is pretty direct: AUSAs draft and file the request, magistrate judges sign off, and the order runs for up to 60 days. It’s a compact sequence, but it sits at a crossroads between effective law enforcement and constitutional safeguards.

• Understanding this flow isn’t about memorizing a single fact; it’s about seeing the rhythm behind how federal investigations gather non-content data while still honoring the guardrails that protect people’s privacy.

If you want to put this into your own notes, think of it as a three-part rhythm: who starts it (AUSA), who approves it (magistrate judge), and how long the clock runs (60 days). When you hear a case box mention a Pen Register or Trap and Trace order, you’ll immediately picture the courtroom hum—the documents, the questions, and that precise 60-day window that makes the whole thing work.