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ARTICLE 690--SEARCH WARRANTS
Section 690.05 Search warrants; in general; definition.
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
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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