What is the standard required for a Pen register, trap and trace, TIID, or MCTI?

The standard required for obtaining a Pen register, trap and trace, TIID (Tracking Information Intercept Device), or MCTI (Mobile Communications Tracking Indicator) is probable cause. This legal standard is grounded in the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures.

Probable cause means that there is a reasonable basis for believing that a crime has been or will be committed and that the information obtained through these surveillance methods will provide evidence pertinent to that crime. In the context of these devices, law enforcement must demonstrate to a judge that there is credible evidence suggesting that the target of surveillance is involved in illegal activity.

This threshold is higher than minimal suspicion, which would not provide sufficient justification for the use of such intrusive methods. Similarly, clear and convincing evidence is a standard typically used in civil cases, and beyond a reasonable doubt is primarily used in criminal trials to establish guilt. Therefore, only probable cause aligns with the legal requirements necessary for issuing warrants for these surveillance techniques, assuring that individuals' privacy rights are adequately protected while allowing law enforcement to effectively gather evidence.