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Article 690 - NY Criminal Procedure Law

SEARCH WARRANTS

Section Description
690.10 Search warrants; property subject to seizure thereunder.
690.15 Search warrants; what and who are subject to search thereunder.
690.20 Search warrants; where executable.
690.25 Search warrants; to whom addressable and by whom executable.
690.30 Search warrants; when executable.
690.35 Search warrants; the application.
690.36 Search warrants; special provisions governing oral applications therefor.
690.40 Search warrants; determination of application.
690.45 Search warrants; form and content.
690.50 Search warrants; execution thereof.
690.55 Search warrants; disposition of seized property.
S 690.05 Search warrants; in general; definition.
    1.    Under circumstances prescribed in this article, a local criminal
  court may, upon application of a police officer, a district attorney  or
  other  public servant acting in the course of his official duties, issue
  a search warrant.
    2. A search warrant is a court order and process  directing  a  police
  officer to conduct:
    (a) a search of designated premises, or of a designated vehicle, or of
  a  designated  person, for the purpose of seizing designated property or
  kinds of property, and to deliver any property so obtained to the  court
  which issued the warrant; or
    (b) a search of a designated premises for the purpose of searching for
  and  arresting  a  person who is the subject of: (i) a warrant of arrest
  issued pursuant to this chapter, a  superior  court  warrant  of  arrest
  issued  pursuant to this chapter, or a bench warrant for a felony issued
  pursuant to this chapter, where the designated premises is the  dwelling
  of a third party who is not the subject of the arrest warrant; or
    (ii)  a  warrant  of arrest issued by any other state or federal court
  for an offense which would constitute a felony under the  laws  of  this
  state,  where  the  designated premises is the dwelling of a third party
  who is not the subject of the arrest warrant.

S 690.10 Search warrants; property subject to seizure thereunder.
  Personal  property  is subject to seizure pursuant to a search warrant
  if there is reasonable cause to believe that it:
    1. Is stolen; or
    2. Is unlawfully possessed; or
    3. Has been used, or is possessed for the purpose of  being  used,  to
  commit  or conceal the commission of an offense against the laws of this
  state or another state, provided  however,  that  if  such  offense  was
  against  the laws of another state, the court shall only issue a warrant
  if the conduct comprising such  offense  would,  if  occurring  in  this
  state, constitute a felony against the laws of this state; or
    4.  Constitutes  evidence  or tends to demonstrate that an offense was
  committed in this state or another state, or that  a  particular  person
  participated  in  the  commission of an offense in this state or another
  state, provided however, that if such offense was against  the  laws  of
  another  state,  the  court  shall  only  issue a warrant if the conduct
  comprising such offense would, if occurring in this state, constitute  a
  felony against the laws of this state.

S 690.15 Search warrants; what and who are subject to search thereunder.
  1.  A search warrant must direct a search of one or more of the
following:
  (a)  A designated or described place or premises;
  (b)  A designated or described vehicle, as that term is defined in
section 10.00 of the penal law;
  (c)  A designated or described person.
  2.  A search warrant which directs a search of a designated or
described place, premises or vehicle, may also direct a search of any
person present thereat or therein.

S 690.20 Search warrants; where executable.
  1.  A search warrant issued by a district court, the New York City
criminal court or a superior court judge sitting as a local criminal
court may be executed pursuant to its terms anywhere in the state.
  2.  A search warrant issued by a city court, a town court or a village
court may be executed pursuant to its terms only in the county of
issuance or an adjoining county.

S 690.25 Search warrants; to whom addressable and by whom executable.
   1.  A  search  warrant  must  be  addressed  to a police officer whose
  geographical area of employment embraces or  is  embraced  or  partially
  embraced  by  the county of issuance.  The warrant need not be addressed
  to a specific police officer but may be addressed to any police  officer
  of  a  designated  classification,  or  to  any  police  officer  of any
  classification employed or having  general  jurisdiction  to  act  as  a
  police officer in the county.
    2. A police officer to whom a search warrant is addressed, as provided
  in subdivision one, may execute it pursuant to its terms anywhere in the
  county  of  issuance  or  an  adjoining  county,  and  he may execute it
  pursuant to its terms in any other county of the state in  which  it  is
  executable  if  (a)  his  geographical  area  of employment embraces the
  entire county of issuance or (b) he is a member of the police department
  or force of a city located in such county of issuance.

S 690.30 Search warrants; when executable.
  1.  A search warrant must be executed not more than ten days after the
date of issuance and it must thereafter be returned to the court without
unnecessary delay.
  2.  A search warrant may be executed on any day of the week.  It may
be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless
the warrant expressly authorizes execution thereof at any time of the
day or night, as provided in subdivision five of section 690.45.

S 690.35 Search warrants; the application.
   1.  An  application for a search warrant may be in writing or oral. If
  in writing, it must be made, subscribed and sworn to by a public servant
  specified in subdivision one of section 690.05. If oral, it must be made
  by such a public servant  and  sworn  to  and  recorded  in  the  manner
  provided in section 690.36.
    2. The application shall be made to:
    (a)  A  local  criminal  court,  as  defined  in section 10.10 of this
  chapter, having preliminary jurisdiction over the underlying offense, or
  geographical jurisdiction over the location  to  be  searched  when  the
  search  is  to  be  made  for  personal  property of a kind or character
  described in section 690.10 of this article except that:
    (i) if a town court has such jurisdiction  but  is  not  available  to
  issue  the  search  warrant,  the  warrant  may  be  issued by the local
  criminal court of any village within such town or, any  adjoining  town,
  village  embraced in whole or in part by such adjoining town, or city of
  the same county;
    (ii) if a village court has such jurisdiction but is not available  to
  issue the search warrant, the warrant may be issued by the town court of
  the  town  embracing such village or any other village court within such
  town, or, if such town or village court is not available either,  before
  the  local  criminal  court  of  any adjoining town, village embraced in
  whole or in part by such adjoining town, or city of the same county; and
    (iii) if a city court has such jurisdiction  but is not  available  to
  issue  the  search  warrant,  the  warrant  may  be  issued by the local
  criminal court of any  adjoining  town  or  village,  or  village  court
  embraced by an adjoining town, within the same county as such city.
    (b)  A  local  criminal  court,  as  defined  in section 10.10 of this
  chapter, with geographical jurisdiction  over  the  location  where  the
  premises  to  be  searched  is  located,  or which issued the underlying
  arrest warrant, when the search warrant is sought pursuant to  paragraph
  (b)  of  subdivision  two  of  section  690.05  of this article, for the
  purpose of arresting a wanted person.
    Any search warrant issued pursuant to this section shall be subject to
  the territorial limitations provided by section 690.20 of this article.
    3. The application must contain:
    (a) The name of the court and the name and title of the applicant; and
    (b) A statement  that  there  is  reasonable  cause  to  believe  that
  property of a kind or character described in section 690.10 may be found
  in  or  upon  a designated or described place, vehicle or person, or, in
  the case of an application for a search warrant as defined in  paragraph
  (b)  of  subdivision  two  of  section 690.05, a statement that there is
  reasonable cause to believe that the person who is the  subject  of  the
  warrant of arrest may be found in the designated premises; and
    (c) Allegations of fact supporting such statement. Such allegations of
  fact  may  be  based  upon  personal  knowledge of the applicant or upon
  information and belief, provided that in the latter event the sources of
  such information  and  the  grounds  of  such  belief  are  stated.  The
  applicant  may  also  submit  depositions  of  other  persons containing
  allegations of fact supporting or tending to support those contained  in
  the application; and
    (d) A request that the court issue a search warrant directing a search
  for and seizure of the property or person in question; and
    (e)  In  the case of an application for a search warrant as defined in
  paragraph (b) of subdivision two  of  section  690.05,  a  copy  of  the
  warrant of arrest and the underlying accusatory instrument.
    4. The application may also contain:
    (a)  A  request that the search warrant be made executable at any time
  of the day or night, upon the ground that there is reasonable  cause  to
  believe  that  (i)  it cannot be executed between the hours of 6:00 A.M.
  and 9:00 P.M., or (ii) the property sought will be removed or  destroyed
  if  not  seized  forthwith, or (iii) in the case of an application for a
  search warrant as defined in paragraph (b) of subdivision two of section
  690.05, the person sought is likely to flee or commit another crime,  or
  may  endanger  the  safety  of  the executing police officers or another
  person if not seized forthwith or between the hours  of  9:00  P.M.  and
  6:00 A.M.; and
    (b)  A  request that the search warrant authorize the executing police
  officer to enter premises to be searched without giving  notice  of  his
  authority and purpose, upon the ground that there is reasonable cause to
  believe that (i) the property sought may be easily and quickly destroyed
  or  disposed of, or (ii) the giving of such notice may endanger the life
  or safety of the executing officer or another person, or  (iii)  in  the
  case  of an application for a search warrant as defined in paragraph (b)
  of subdivision two of section 690.05 for the purpose  of  searching  for
  and arresting a person who is the subject of a warrant for a felony, the
  person  sought  is  likely to commit another felony, or may endanger the
  life or safety of the executing officer or another person.
    Any request made pursuant to this subdivision must be accompanied  and
  supported  by  allegations of fact of a kind prescribed in paragraph (c)
  of subdivision two.

S 690.36 Search warrants; special provisions governing oral
               applications therefor.
  1.  An  oral application for a search warrant may be communicated to a
  judge by telephone, radio or other means of electronic communication.
    2. Where an oral  application  for  a  search  warrant  is  made,  the
  applicant  therefor  must  identify  himself  and  the  purpose  of  his
  communication.  After being sworn as provided in  subdivision  three  of
  this  section,  the  applicant  must also make the statement required by
  paragraph (b) of subdivision two of section 690.35 and provide the  same
  allegations  of  fact  required  by  paragraph  (c) of such subdivision;
  provided,  however,  persons,  properly  identified,  other   than   the
  applicant  may  also  provide  some  or  all of such allegations of fact
  directly to the court. Where appropriate, the applicant may also make  a
  request specified in subdivision three of section 690.35.
    3. Upon being advised that an oral application for a search warrant is
  being  made,  a judge shall place under oath the applicant and any other
  person providing information in support of the application.   Such  oath
  or oaths and all of the remaining communication must be recorded, either
  by  means  of  a  voice  recording  device  or  verbatim stenographic or
  verbatim longhand notes.   If a voice recording  device  is  used  or  a
  stenographic  record  made,  the judge must have the record transcribed,
  certify to the accuracy of  the  transcription  and  file  the  original
  record  and transcription with the court within twenty-four hours of the
  issuance of a warrant. If longhand notes  are  taken,  the  judge  shall
  subscribe  a copy and file it with the court within twenty-four hours of
  the issuance of a warrant.

S 690.40 Search warrants; determination of application.
    1.    In determining an application for a search warrant the court may
  examine, under oath, any person whom it believes may  possess  pertinent
  information.  Any such examination must be either recorded or summarized
  on the record by the court.
    2. If the court is satisfied that there is reasonable cause to believe
  that  property of a kind or character referred to in section 690.10, and
  described in the application,  may  be  found  in  or  upon  the  place,
  premises,  vehicle or person designated or described in the application,
  or, in the case of an application for a search  warrant  as  defined  in
  paragraph  (b)  of  subdivision  two  of  section  690.05, that there is
  reasonable cause to believe that the person who  is  the  subject  of  a
  warrant  of  arrest,  a  superior  court  warrant  of arrest, or a bench
  warrant for a felony may be found at  the  premises  designated  in  the
  application,  it  may  grant  the application and issue a search warrant
  directing a search of the said place, premises, vehicle or person and  a
  seizure  of the described property or the described person. If the court
  is further satisfied that grounds,  described  in  subdivision  four  of
  section  690.35, exist for authorizing the search to be made at any hour
  of the day or night, or without giving notice of  the  police  officer's
  authority  and  purpose,  it  may  make  the  search  warrant executable
  accordingly.
    3. When a judge determines to issue a search  warrant  based  upon  an
  oral  application,  the  applicant therefor shall prepare the warrant in
  accordance with section 690.45 and  shall  read  it,  verbatim,  to  the
  judge.

S 690.45 Search warrants; form and content.
    A search warrant must contain:
    1.  The name of the issuing court and, except where the search warrant
  has  been  obtained  on  an  oral  application,  the subscription of the
  issuing judge; and
    2. Where the search warrant has been obtained on an oral  application,
  it  shall  so indicate and shall state the name of the issuing judge and
  the time and date on which such judge directed its issuance.
    3.  The name, department or classification of the  police  officer  to
  whom it is addressed; and
    4.  A  description of the property which is the subject of the search,
  or, in the case of a search warrant  as  defined  in  paragraph  (b)  of
  subdivision  two  of  section  690.05, a description of the person to be
  searched for; and
    5.  A designation or description of the place, premises or  person  to
  be  searched,  by  means  of address, ownership, name or any other means
  essential to identification with certainty; and
    6.  A direction that the warrant be executed between the hours of 6:00
  A.M. and 9:00 P.M., or, where the court has specially so determined,  an
  authorization for execution thereof at any time of the day or night; and
    7.    An  authorization,  where the court has specially so determined,
  that the executing police officer enter  the  premises  to  be  searched
  without giving notice of his authority and purpose; and
    8.  A  direction  that  the  warrant  and any property seized pursuant
  thereto be returned and  delivered  to  the  court  without  unnecessary
  delay; and
    9.  In  the  case  of  a search warrant as defined in paragraph (b) of
  subdivision two of section 690.05, a copy of the warrant of  arrest  and
  the underlying accusatory instrument.

S 690.50 Search warrants; execution thereof.
   1.   In executing a search warrant directing a search of premises or a
  vehicle, a police officer must, except as provided in  subdivision  two,
  give,  or  make  reasonable  effort to give, notice of his authority and
  purpose to an occupant thereof before entry and show him the warrant  or
  a  copy  thereof upon request.  If he is not thereafter admitted, he may
  forcibly enter such premises or vehicle and may use against  any  person
  resisting his entry or search thereof as much physical force, other than
  deadly  physical  force,  as is necessary to execute the warrant; and he
  may use deadly physical force if  he  reasonably  believes  such  to  be
  necessary  to  defend  himself or a third person from what he reasonably
  believes to be the use or imminent use of deadly physical force.
    2.  In executing a search warrant directing a search of premises or  a
  vehicle,  a  police  officer  need  not  give  notice  to  anyone of his
  authority and  purpose,  as  prescribed  in  subdivision  one,  but  may
  promptly enter the same if:
    (a)  Such premises or vehicle are at the time unoccupied or reasonably
  believed by the officer to be unoccupied; or
    (b)  The search warrant expressly authorizes entry without notice.
    3.  In executing a search warrant directing or authorizing a search of
  a person, a police officer must give, or make reasonable effort to give,
  such person notice of his authority and purpose and show him the warrant
  or  a copy thereof upon request.  If such person, or another, thereafter
  resists or refuses to permit the search, the officer  may  use  as  much
  physical  force,  other  than  deadly physical force, as is necessary to
  execute the warrant;  and  he  may  use  deadly  physical  force  if  he
  reasonably  believes  such  to be necessary to defend himself or a third
  person from what he reasonably believes to be the use or imminent use of
  deadly physical force.
    4.   Upon seizing property pursuant to  a  search  warrant,  a  police
  officer  must write and subscribe a receipt itemizing the property taken
  and containing the name of the court by which the warrant was issued. If
  property is taken from a person, such receipt  must  be  given  to  such
  person.    If property is taken from premises or a vehicle, such receipt
  must be given to the owner, tenant or other person in possession thereof
  if he is present; or if he is not, the officer must leave such a receipt
  in the premises or vehicle from which the property was taken.
    5.   Upon seizing property pursuant to  a  search  warrant,  a  police
  officer  must  without unnecessary delay return to the court the warrant
  and the property, and must file therewith a written  inventory  of  such
  property, subscribed and sworn to by such officer.
    6.  Upon arresting a person during a search for him or her pursuant to
  a search warrant as defined in  paragraph  (b)  of  subdivision  two  of
  section  690.05,  a  police  officer  shall comply with the terms of the
  warrant of arrest, superior court warrant of arrest,  or  bench  warrant
  for  a felony, and shall proceed in the manner directed by this chapter.
  Upon arresting such person,  the  police  officer  shall  also,  without
  unnecessary  delay, file a written statement with the court which issued
  the search warrant, subscribed and sworn to  by  such  officer,  setting
  forth  that  the  person  has  been arrested and duly brought before the
  appropriate court, return to the court  the  warrant  and  the  property
  seized  in  the  course  of  its execution, and file therewith a written
  inventory of any such property, subscribed and sworn to by such officer.

S 690.55 Search warrants; disposition of seized property.
    1.    Upon receiving property seized pursuant to a search warrant, the
  court must either:
    (a)  Retain it in the custody of the court pending further disposition
  thereof pursuant to subdivision two or some other provision of law; or
    (b)  Direct that it be held in the custody of the person  who  applied
  for  the  warrant,  or  of the police officer who executed it, or of the
  governmental or official agency  or  department  by  which  either  such
  public servant is employed, upon condition that upon order of such court
  such property be returned thereto or delivered to another court.
    2.    A  local  criminal  court which retains custody of such property
  must, upon request of another criminal court in which a criminal  action
  involving  or  relating  to  such  property  is  pending, cause it to be
  delivered thereto.

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