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Article 700 - NY Criminal Procedure Law

EAVESDROPPING AND VIDEO SURVEILLANCE WARRANTS

Section Description
700.05Eavesdropping and video surveillance warrants; definitions of terms.
700.10Eavesdropping and video surveillance warrants; in general.
700.15Eavesdropping and video surveillance warrants; when issuable.
700.20Eavesdropping and video surveillance warrants; application.
700.21Temporary authorization for eavesdropping or video surveillance in emergency situations.
700.25Eavesdropping warrants; determination of application.
700.30Eavesdropping and video surveillance warrants; form and content.
700.35Eavesdropping and video surveillance warrants; manner and time of execution.
700.40Eavesdropping and video surveillance warrants; order of extension.
700.50Eavesdropping and video surveillance warrants; progress reports and notice.
700.55Eavesdropping and video surveillance warrants; custody of warrants, applications and recordings.
700.60Eavesdropping warrants; reports to the administrative office of the United States courts.
700.65Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment.
700.70Eavesdropping warrants; notice before use of evidence.
S 700.05 Eavesdropping and video surveillance warrants;
               definitions of terms.
  As used in this  article,  the  following  terms  have  the  following
  meanings:
    1.  "Eavesdropping"  means  "wiretapping",  "mechanical overhearing of
  conversation," or  the  "intercepting  or  accessing  of  an  electronic
  communication",  as  those  terms  are  defined in section 250.00 of the
  penal law, but does not include the use of a pen register  or  trap  and
  trace device when authorized pursuant to article 705 of this chapter.
    2.  "Eavesdropping warrant" means an order of a justice authorizing or
  approving eavesdropping.
    3. "Intercepted communication" means (a) a telephonic  or  telegraphic
  communication  which was intentionally overheard or recorded by a person
  other than the sender or receiver thereof, without the  consent  of  the
  sender  or receiver, by means of any instrument, device or equipment, or
  (b) a conversation or discussion which was  intentionally  overheard  or
  recorded, without the consent of at least one party thereto, by a person
  not present thereat, by means of any instrument, device or equipment; or
  (c)  an  electronic communication which was intentionally intercepted or
  accessed, as that term is defined in section 250.00 of  the  penal  law.
  The term "contents," when used with respect to a communication, includes
  any   information  concerning  the  identity  of  the  parties  to  such
  communications, and the existence, substance,  purport,  or  meaning  of
  that  communication.  The term "communication" includes conversation and
  discussion.
    3-a.  "Telephonic  communication",  "electronic  communication",   and
  "intentionally intercepted or accessed" have the meanings given to those
  terms  by  subdivisions  three,  five,  and six respectively, of section
  250.00 of the penal law.
    4. "Justice," except as otherwise provided herein, means  any  justice
  of  an  appellate  division  of  the  judicial  department  in which the
  eavesdropping warrant is to be executed, or any justice of  the  supreme
  court  of the judicial district in which the eavesdropping warrant is to
  be executed, or any county court  judge  of  the  county  in  which  the
  eavesdropping  warrant is to be executed. When the eavesdropping warrant
  is to authorize the interception of oral communications occurring  in  a
  vehicle  or  wire communications occurring over a telephone located in a
  vehicle, "justice" means  any  justice  of  the  supreme  court  of  the
  judicial department or any county court judge of the county in which the
  eavesdropping  device is to be installed or connected or of any judicial
  department  or  county  in  which  communications  are  expected  to  be
  intercepted.  When  such a justice issues such an eavesdropping warrant,
  such warrant may be executed and such oral or wire communications may be
  intercepted anywhere in the state.
    5. "Applicant" means a district attorney or the attorney general or if
  authorized by the attorney  general,  the  deputy  attorney  general  in
  charge  of the organized crime task force. If a district attorney or the
  attorney general is actually absent or disabled,  the  term  "applicant"
  includes  that person designated to act for him and perform his official
  function in and during his actual absence or disability.
    6. "Law enforcement officer" means any public servant who is empowered
  by law to conduct an investigation  of  or  to  make  an  arrest  for  a
  designated  offense,  and any attorney authorized by law to prosecute or
  participate in the prosecution of a designated offense.
    7. "Exigent circumstances" means conditions requiring the preservation
  of secrecy,  and  whereby  there  is  a  reasonable  likelihood  that  a
  continuing  investigation  would  be  thwarted  by  alerting  any of the
  persons subject to surveillance to the fact that such  surveillance  had
  occurred.
    8. "Designated offense" means any one or more of the following crimes:
    (a)  A  conspiracy  to  commit any offense enumerated in the following
  paragraphs of this subdivision, or  an  attempt  to  commit  any  felony
  enumerated in the following paragraphs of this subdivision which attempt
  would itself constitute a felony;
    (b)  Any  of  the  following felonies: assault in the second degree as
  defined in section 120.05 of the penal law, assault in the first  degree
  as  defined in section 120.10 of the penal law, reckless endangerment in
  the first degree  as  defined  in  section  120.25  of  the  penal  law,
  promoting  a  suicide  attempt as defined in section 120.30 of the penal
  law, strangulation in the second degree as defined in section 121.12  of
  the  penal  law, strangulation in the first degree as defined in section
  121.13 of the penal law, criminally negligent  homicide  as  defined  in
  section  125.10  of  the penal law, manslaughter in the second degree as
  defined in section 125.15 of the penal law, manslaughter  in  the  first
  degree  as  defined  in  section  125.20 of the penal law, murder in the
  second degree as defined in section 125.25 of the penal law,  murder  in
  the first degree as defined in section 125.27 of the penal law, abortion
  in  the  second  degree  as  defined in section 125.40 of the penal law,
  abortion in the first degree as defined in section 125.45 of  the  penal
  law,  rape in the third degree as defined in section 130.25 of the penal
  law, rape in the second degree as defined in section 130.30 of the penal
  law, rape in the first degree as defined in section 130.35 of the  penal
  law,  criminal  sexual  act  in  the  third degree as defined in section
  130.40 of the penal law, criminal sexual act in  the  second  degree  as
  defined  in  section 130.45 of the penal law, criminal sexual act in the
  first degree as defined in section 130.50 of the penal law, sexual abuse
  in the first degree as defined in  section  130.65  of  the  penal  law,
  unlawful  imprisonment  in the first degree as defined in section 135.10
  of the penal law, kidnapping in the second degree as defined in  section
  135.20  of  the  penal law, kidnapping in the first degree as defined in
  section 135.25 of the penal law, labor trafficking as defined in section
  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
  section  135.37  of  the  penal law, custodial interference in the first
  degree as defined in section 135.50 of the penal law,  coercion  in  the
  first  degree  as  defined  in section 135.65 of the penal law, criminal
  trespass in the first degree as defined in section 140.17 of  the  penal
  law,  burglary  in  the third degree as defined in section 140.20 of the
  penal law, burglary in the second degree as defined in section 140.25 of
  the penal law, burglary in the first degree as defined in section 140.30
  of the penal law, criminal mischief in the third degree  as  defined  in
  section  145.05 of the penal law, criminal mischief in the second degree
  as defined in section 145.10 of the penal law, criminal mischief in  the
  first  degree  as  defined  in section 145.12 of the penal law, criminal
  tampering in the first degree as defined in section 145.20 of the  penal
  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
  penal law, arson in the third degree as defined in section 150.10 of the
  penal law, arson in the second degree as defined in  section  150.15  of
  the penal law, arson in the first degree as defined in section 150.20 of
  the  penal law, grand larceny in the fourth degree as defined in section
  155.30 of the penal law, grand larceny in the third degree as defined in
  section 155.35 of the penal law, grand larceny in the second  degree  as
  defined  in  section 155.40 of the penal law, grand larceny in the first
  degree as defined in section 155.42 of the penal law, health care  fraud
  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
  health care fraud in the third degree as defined in  section  177.15  of
  the  penal  law,  health  care  fraud in the second degree as defined in
  section 177.20 of the penal law, health care fraud in the  first  degree
  as  defined  in  section  177.25  of the penal law, robbery in the third
  degree  as  defined  in  section 160.05 of the penal law, robbery in the
  second degree as defined in section 160.10 of the penal law, robbery  in
  the first degree as defined in section 160.15 of the penal law, unlawful
  use  of  secret  scientific material as defined in section 165.07 of the
  penal law, criminal possession of stolen property in the  fourth  degree
  as  defined  in  section 165.45 of the penal law, criminal possession of
  stolen property in the third degree as defined in section 165.50 of  the
  penal  law,  criminal possession of stolen property in the second degree
  as defined by section 165.52 of the penal law,  criminal  possession  of
  stolen  property in the first degree as defined by section 165.54 of the
  penal law, trademark counterfeiting in the second degree as  defined  in
  section  165.72  of the penal law, trademark counterfeiting in the first
  degree as defined in section 165.73 of the penal  law,  forgery  in  the
  second  degree as defined in section 170.10 of the penal law, forgery in
  the first degree as defined in section 170.15 of the penal law, criminal
  possession of a forged instrument in the second  degree  as  defined  in
  section  170.25  of  the  penal  law,  criminal  possession  of a forged
  instrument in the first degree as defined in section 170.30 of the penal
  law, criminal possession of forgery devices as defined in section 170.40
  of the penal law, falsifying business records in  the  first  degree  as
  defined  in  section  175.10  of  the  penal  law, tampering with public
  records in the first degree as defined in section 175.25  of  the  penal
  law,  offering  a  false  instrument  for  filing in the first degree as
  defined in section 175.35 of the penal law, issuing a false  certificate
  as  defined  in  section  175.40 of the penal law, criminal diversion of
  prescription medications and  prescriptions  in  the  second  degree  as
  defined  in  section  178.20  of  the  penal  law, criminal diversion of
  prescription medications  and  prescriptions  in  the  first  degree  as
  defined  in  section 178.25 of the penal law, residential mortgage fraud
  in the fourth degree as defined in section  187.10  of  the  penal  law,
  residential  mortgage  fraud  in  the third degree as defined in section
  187.15 of the penal law, residential mortgage fraud in the second degree
  as defined in section 187.20 of  the  penal  law,  residential  mortgage
  fraud in the first degree as defined in section 187.25 of the penal law,
  escape  in  the  second degree as defined in section 205.10 of the penal
  law, escape in the first degree as defined  in  section  205.15  of  the
  penal  law,  absconding  from  temporary  release in the first degree as
  defined in section 205.17 of the penal law, promoting prison  contraband
  in  the  first  degree  as  defined  in section 205.25 of the penal law,
  hindering prosecution in the second degree as defined in section  205.60
  of  the  penal law, hindering prosecution in the first degree as defined
  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
  section  230.34 of the penal law, criminal possession of a weapon in the
  third degree as defined in subdivisions two, three and five  of  section
  265.02  of  the penal law, criminal possession of a weapon in the second
  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
  possession  of a weapon in the first degree as defined in section 265.04
  of the penal law, manufacture, transport, disposition and defacement  of
  weapons  and dangerous instruments and appliances defined as felonies in
  subdivisions one, two, and three of section 265.10  of  the  penal  law,
  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
  of weapons as defined in subdivision two of section 265.35 of the  penal
  law,  relating  to  firearms  and other dangerous weapons, or failure to
  disclose the origin of a recording in the first  degree  as  defined  in
  section 275.40 of the penal law;
    (c)  Criminal  possession  of  a  controlled  substance in the seventh
  degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
  possession  of  a controlled substance in the fifth degree as defined in
  section 220.06 of the penal law, criminal  possession  of  a  controlled
  substance in the fourth degree as defined in section 220.09 of the penal
  law,  criminal  possession of a controlled substance in the third degree
  as defined in section 220.16 of the penal law, criminal possession of  a
  controlled  substance  in the second degree as defined in section 220.18
  of the penal law, criminal possession of a controlled substance  in  the
  first  degree  as  defined  in section 220.21 of the penal law, criminal
  sale of a controlled substance in the fifth degree as defined in section
  220.31 of the penal law, criminal sale of a controlled substance in  the
  fourth  degree  as  defined in section 220.34 of the penal law, criminal
  sale of a controlled substance in the third degree as defined in section
  220.39 of the penal law, criminal sale of a controlled substance in  the
  second  degree  as  defined in section 220.41 of the penal law, criminal
  sale of a controlled substance in the first degree as defined in section
  220.43 of the penal law, criminally possessing a  hypodermic  instrument
  as  defined  in  section  220.45  of  the  penal law, criminal sale of a
  prescription for a controlled substance or a controlled substance  by  a
  practitioner  or  pharmacist  as  defined in section 220.65 of the penal
  law, criminal possession of methamphetamine  manufacturing  material  in
  the  second  degree  as  defined  in  section  220.70  of the penal law,
  criminal possession of methamphetamine  manufacturing  material  in  the
  first  degree  as  defined  in section 220.71 of the penal law, criminal
  possession of precursors of methamphetamine as defined in section 220.72
  of the penal law, unlawful manufacture of methamphetamine in  the  third
  degree  as  defined  in  section  220.73  of  the  penal  law,  unlawful
  manufacture of methamphetamine  in  the  second  degree  as  defined  in
  section 220.74 of the penal law, unlawful manufacture of methamphetamine
  in  the  first  degree  as  defined  in section 220.75 of the penal law,
  unlawful disposal of methamphetamine laboratory material as  defined  in
  section  220.76  of  the  penal  law, operating as a major trafficker as
  defined in section 220.77 of  the  penal  law,  criminal  possession  of
  marihuana  in the first degree as defined in section 221.30 of the penal
  law, criminal sale of marihuana  in  the  first  degree  as  defined  in
  section 221.55 of the penal law, promoting gambling in the second degree
  as defined in section 225.05 of the penal law, promoting gambling in the
  first  degree  as defined in section 225.10 of the penal law, possession
  of gambling records in the second degree as defined in section 225.15 of
  the penal law, possession of gambling records in  the  first  degree  as
  defined in section 225.20 of the penal law, and possession of a gambling
  device as defined in section 225.30 of the penal law;
    (d)  Commercial  bribing,  commercial bribe receiving, bribing a labor
  official, bribe receiving by a labor official, sports bribing and sports
  bribe receiving, as defined in article one hundred eighty of  the  penal
  law;
    (e)  Criminal  usury,  as defined in article one hundred ninety of the
  penal law;
    (f) Bribery in the third degree, bribery in the second degree, bribery
  in the  first  degree,  bribe  receiving  in  the  third  degree,  bribe
  receiving  in  the  second  degree, bribe receiving in the first degree,
  bribe giving for public office, bribe receiving for  public  office  and
  corrupt  use of position or authority, as defined in article two hundred
  of the penal law;
    (g) Bribing a witness, bribe receiving by a witness, bribing  a  juror
  and  bribe  receiving  by  a  juror,  as  defined in article two hundred
  fifteen of the penal law;
    (h) Promoting prostitution in the first degree, as defined in  section
  230.32 of the penal law, promoting prostitution in the second degree, as
  defined by subdivision one of section 230.30 of the penal law, promoting
  prostitution  in  the  third degree, as defined in section 230.25 of the
  penal law;
    (i)  Riot  in  the  first  degree  and criminal anarchy, as defined in
  article two hundred forty of the penal law;
    (j) Eavesdropping, as defined in article  two  hundred  fifty  of  the
  penal law;
    (k)  Any  of  the  acts designated as felonies in subdivisions two and
  four of section four hundred eighty-one of the tax  law,  which  section
  relates  to  penalties  under  the  tax on cigarettes imposed by article
  twenty of such law, and any  of  the  acts  designated  as  felonies  in
  subdivision  c of section 11-1317 of the administrative code of the city
  of New York, which section relates to penalties under the cigarette  tax
  imposed by chapter thirteen of title eleven of such code.
    (l)  Scheme  to  defraud in the first degree as defined in article one
  hundred ninety of the penal law.
    (m) Any of the acts designated as felonies in  section  three  hundred
  fifty-two-c of the general business law.
    (n)  Any  of  the acts designated as felonies in title twenty-seven of
  article seventy-one of the environmental conservation law.
    (o) Money laundering in the first degree, as defined in section 470.20
  of the penal law, money laundering in the second degree  as  defined  in
  section 470.15 of the penal law, money laundering in the third degree as
  defined  in  section  470.10  of  such  law, and money laundering in the
  fourth degree as defined in  section  470.05  of  such  law,  where  the
  property  involved  represents  or  is represented to be the proceeds of
  specified criminal conduct which itself constitutes a designated offense
  within the meaning of this subdivision.
    (p) Stalking in the second degree as defined in section 120.55 of  the
  penal law, and stalking in the first degree as defined in section 120.60
  of the penal law.
    (q)  Soliciting  or  providing  support for an act of terrorism in the
  second degree as defined in section 490.10 of the penal law,  soliciting
  or  providing  support  for  an  act of terrorism in the first degree as
  defined in section 490.15 of the penal law, making a terroristic  threat
  as  defined  in  section  490.20 of the penal law, crime of terrorism as
  defined in section 490.25 of the penal  law,  hindering  prosecution  of
  terrorism in the second degree as defined in section 490.30 of the penal
  law,  hindering  prosecution of terrorism in the first degree as defined
  in section 490.35 of the penal law, criminal possession  of  a  chemical
  weapon  or  biological  weapon in the third degree as defined in section
  490.37 of the penal law, criminal possession of  a  chemical  weapon  or
  biological  weapon  in the second degree as defined in section 490.40 of
  the penal law, criminal possession of a chemical  weapon  or  biological
  weapon  in  the  first  degree as defined in section 490.45 of the penal
  law, criminal use of a chemical weapon or biological weapon in the third
  degree as defined in section 490.47 of the penal law, criminal use of  a
  chemical  weapon or biological weapon in the second degree as defined in
  section 490.50 of the penal law, and criminal use of a  chemical  weapon
  or biological weapon in the first degree as defined in section 490.55 of
  the penal law.
    (r)  Falsely  reporting an incident in the second degree as defined in
  section 240.55 of the penal law, falsely reporting an  incident  in  the
  first  degree  as  defined in section 240.60 of the penal law, placing a
  false bomb in the second degree as defined  in  section  240.61  of  the
  penal  law,  placing  a  false  bomb  in  the first degree as defined in
  section 240.62 of the penal law, and placing a false bomb  in  a  sports
  stadium or arena, mass transportation facility or enclosed shopping mall
  as defined in section 240.63 of the penal law.
    (s)  Identity theft in the second degree, as defined in section 190.79
  of the penal law, identity theft in the  first  degree,  as  defined  in
  section  190.80  of  the  penal  law,  unlawful  possession  of personal
  identification information in the second degree, as defined  in  section
  190.82   of   the   penal  law,  and  unlawful  possession  of  personal
  identification information in the first degree, as  defined  in  section
  190.83 of the penal law.
    (t)  Menacing  a police officer or peace officer as defined in section
  120.18 of the penal law; aggravated  criminally  negligent  homicide  as
  defined  in  section 125.11 of the penal law; aggravated manslaughter in
  the second degree as  defined  in  section  125.21  of  the  penal  law;
  aggravated manslaughter in the first degree as defined in section 125.22
  of  the penal law; aggravated murder as defined in section 125.26 of the
  penal law.
    (u) Any felony defined in article four hundred ninety-six of the penal
  law.
    9. "Video surveillance" means the intentional  visual  observation  by
  law  enforcement  of  a  person by means of a television camera or other
  electronic device that is part of a television  transmitting  apparatus,
  whether  or  not  such  observation  is  recorded on film or video tape,
  without the consent of that person or another person thereat  and  under
  circumstances  in  which  such  observation  in  the  absence of a video
  surveillance warrant infringes upon such person's reasonable expectation
  of privacy under the constitution of this state or of the United States.
    10.  "Video  surveillance  warrant"  means  an  order  of  a   justice
  authorizing or approving video surveillance.

S 700.10 Eavesdropping and video surveillance warrants; in general.
  1.  Under circumstances prescribed in this article, a justice may
issue an eavesdropping warrant or a video surveillance warrant upon ex
parte application of an applicant who is authorized by law to
investigate, prosecute or participate in the prosecution of the
particular designated offense which is the subject of the application.
  2.  No eavesdropping or video surveillance warrant may authorize or
approve the interception of any communication or the conducting of any
video surveillance for any period longer than is necessary to achieve
the objective of the authorization, or in any event longer than thirty
days. Such thirty day period shall begin on the date designated in the
warrant as the effective date, which date may be no later than ten days
after the warrant is issued.

S 700.15 Eavesdropping and video surveillance warrants; when issuable.
  An eavesdropping or video surveillance warrant may issue only:
  1.  Upon an appropriate application made in conformity with this
article; and
  2.  Upon probable cause to believe that a particularly described
person is committing, has committed, or is about to commit a particular
designated offense; and
  3.  Upon probable cause to believe that particular communications
concerning such offense will be obtained through eavesdropping, or upon
probable cause to believe that particular observations concerning such
offense will be obtained through video surveillance; and
  4.  Upon a showing that normal investigative procedures have been
tried and have failed, or reasonably appear to be unlikely to succeed if
tried, or to be too dangerous to employ; and
  5.  Upon probable cause to believe that the facilities from which, or
the place where, the communications are to be intercepted or the video
surveillance is to be conducted, are being used, or are about to be
used, in connection with the commission of such offense, or are leased
to, listed in the name of, or commonly used by such person.

S 700.20 Eavesdropping and video surveillance warrants; application.
   1.  An ex parte application for an eavesdropping or video surveillance
  warrant  must  be  made  to  a justice in writing, except as provided in
  section 700.21 of this article, and must be subscribed and sworn  to  by
  an applicant.
    2.  The application must contain:
    (a)   The identity of the applicant and a statement of the applicant's
  authority to make such application; and
    (b)  A full and complete statement  of  the  facts  and  circumstances
  relied   upon   by   the  applicant,  to  justify  his  belief  that  an
  eavesdropping or video surveillance warrant should be issued,  including
  (i)  a  statement of facts establishing probable cause to believe that a
  particular designated offense has been, is being,  or  is  about  to  be
  committed,  (ii)  a particular description of the nature and location of
  the facilities from which or the place where the communication is to  be
  intercepted  or  the  video  surveillance  is  to  be conducted, (iii) a
  particular description of the type of the communications  sought  to  be
  intercepted  or  of  the  observations  sought  to be made, and (iv) the
  identity of the person, if known, committing such designated offense and
  whose communications are to be intercepted or who is to be  the  subject
  of the video surveillance; and
    (c)    A  statement  that  such communications or observations are not
  otherwise legally privileged; and
    (d)  A full and complete statement of facts establishing  that  normal
  investigative  procedures  have been tried and have failed or reasonably
  appear to be unlikely to succeed if tried or  to  be  too  dangerous  to
  employ, to obtain the evidence sought; and
    (e)   A statement of the period of time for which the eavesdropping or
  video surveillance is required to be maintained.  If the nature  of  the
  investigation  is such that the authorization for eavesdropping or video
  surveillance should not automatically terminate when the described  type
  of  communication  has been first obtained or when the described type of
  observation has been first  made,  a  particular  description  of  facts
  establishing probable cause to believe that additional communications or
  observations of the same type will occur thereafter; and
    (f)    A  full  and  complete  statement  of  the facts concerning all
  previous applications, known to the applicant, for an  eavesdropping  or
  video surveillance warrant involving any of the same persons, facilities
  or  places  specified  in  the  application, and the action taken by the
  justice on each such application.
    3.  Allegations of fact in the application may be  based  either  upon
  the  personal knowledge of the applicant or upon information and belief.
  If the applicant personally knows the  facts  alleged,  it  must  be  so
  stated.   If the facts stated in the application are derived in whole or
  part from the statements  of  persons  other  than  the  applicant,  the
  sources  of  such  facts  must be either disclosed or described, and the
  application  must  contain  facts   establishing   the   existence   and
  reliability  of  the  informants  or  the reliability of the information
  supplied by them.  The application must also state, so far as  possible,
  the basis of the informant's knowledge or belief.  Affidavits of persons
  other  than  the  applicant  may  be  submitted  in conjunction with the
  application if they tend to  support  any  fact  or  conclusion  alleged
  therein.    Such accompanying affidavits may be based either on personal
  knowledge of the affiant, or information  and  belief  with  the  source
  thereof and the reason therefor specified.

S 700.21 Temporary authorization for eavesdropping or video surveillance
              in emergency situations.
  1. In an emergency situation where imminent danger of death or serious
physical injury exists and, under the circumstances, it is impractical
for the applicant to prepare a written application without risk of such
death or injury occurring, an application for an eavesdropping or video
surveillance warrant need not be in writing but may be communicated to a
justice by telephone, radio or other means of electronic communication.
  2. Where an oral application for an eavesdropping or video
surveillance warrant is made, the applicant therefor must identify
himself and the purpose of his communication or observation, after being
sworn as provided in subdivision three of this section. The application
must meet the requirements of section 700.20 of this article and provide
the same allegations of fact required by that section.
  3. Upon being advised that an oral application for an eavesdropping or
video surveillance warrant is being made, a justice 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 justice 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 justice shall subscribe a copy and file it with the
court within twenty-four hours of the issuance of a warrant.
  4. Upon oral application, the court may, where it finds that an
emergency situation exists and that the requirements of section 700.15
of this article have been satisfied, issue a temporary eavesdropping or
video surveillance warrant authorizing eavesdropping or video
surveillance for a period not to exceed twenty-four hours. Such
eavesdropping or video surveillance warrant shall be executed in the
manner prescribed by this article. The twenty-four hour period may not
be extended nor may a temporary warrant be renewed except by written
application in conformity with the requirements of this article.

S 700.25 Eavesdropping warrants; determination of application.
  1.  If the application conforms to section 700.20, the justice may
require the applicant to furnish additional testimony or documentary
evidence in support of the application.  He may examine, under oath, any
person for the purpose of determining whether grounds exist for the
issuance of the warrant pursuant to section 700.15.  Any such
examination must be either recorded or summarized in writing.
  2.  If the justice determines on the basis of the facts submitted by
the applicant that grounds exist for the issuance of an eavesdropping
warrant pursuant to section 700.15, the justice may grant the
application and issue an eavesdropping warrant, in accordance with
section 700.30.
  3.  If the application does not conform to section 700.20, or if the
justice is not satisfied that grounds exist for the issuance of an
eavesdropping warrant, the application must be denied.

S 700.30 Eavesdropping and video surveillance warrants; form and content.
  An eavesdropping or video surveillance warrant must contain:
  1.  The name of the applicant, date of issuance, and the subscription
and title of the issuing justice; and
  2.  The identity of the person, if known, whose communications are to
be intercepted or who is to be the subject of video surveillance; and
  3.  The nature and location of the communications facilities as to
which, or the place where, authority to intercept or conduct video
surveillance is granted; and
  4.  A particular description of the type of communications sought to
be intercepted or of the type of observations to be made, and a
statement of the particular designated offense to which it relates; and
  5.  The identity of the law enforcement agency authorized to intercept
the communications or conduct the video surveillance; and
  6.  The period of time during which such interception or observation
is authorized, including a statement as to whether or not the
interception or video surveillance shall automatically terminate when
the described communication has been first obtained or the described
observation has been first made; and
  7.  A provision that the authorization to intercept or conduct video
surveillance shall be executed as soon as practicable, shall be
conducted in such a way as to minimize the interception of
communications or the making of observations not otherwise subject to
eavesdropping or video surveillance under this article, and must
terminate upon attainment of the authorized objective, or in any event
in thirty days; and
  8.  An express authorization to make secret entry upon a private place
or premises to install an eavesdropping or video surveillance device, if
such entry is necessary to execute the warrant; and
  9. An order authorizing eavesdropping or video surveillance may direct
that providers of wire or electronic communication services furnish the
applicant information, facilities, or technical assistance necessary to
accomplish the interception unobtrusively and with a minimum of
interference with the services that the service provider accords the
party whose communications are to be intercepted.  The order shall not
direct the service providers to perform the intercept or use the
premises of the service provider for such activity.

S 700.35 Eavesdropping and video surveillance warrants; manner and time
               of execution.
  1.  An eavesdropping or video surveillance warrant must be executed
according to its terms by a law enforcement officer who is a member of
the law enforcement agency authorized in the warrant to intercept the
communications or conduct the video surveillance.
  2.  Upon termination of the authorization in the warrant,
eavesdropping or video surveillance must cease and as soon as
practicable thereafter any device installed for such purpose either must
be removed or must be permanently inactivated  as soon as practicable by
any means approved by the issuing justice.  Entry upon a private place
or premise for the removal or permanent inactivation of such device is
deemed to be authorized by the warrant.
  3.  The contents of any communication intercepted or of any
observation made by any means authorized by this article must, if
possible, be recorded on tape or wire or other comparable device.  The
recording of the contents of any such communication or observation must
be done in such way as will protect the recording from editing or other
alterations.
  4. In the event an intercepted communication is in a code or foreign
language, and the services  of an expert in that foreign language or
code cannot reasonably be obtained during the interception period, where
the warrant so authorizes and in a manner specified therein, the
minimization required by subdivision seven of section 700.30 of this
article may be accomplished as soon as practicable after such
interception.
  5. A good faith reliance by a provider of a wire or electronic
communication service upon the validity of a court order issued pursuant
to this article is a complete defense against any civil cause of action
or criminal action based solely on a failure to comply with this
article.

S 700.40 Eavesdropping and video surveillance warrants; order of
             extension.
  At any time prior to the expiration of an eavesdropping or video
surveillance warrant, the applicant may apply to the issuing justice,
or, if he is unavailable, to another justice, for an order of extension.
The period of extension shall be no longer than the justice deems
necessary to achieve the purposes for which it was granted and in no
event longer than thirty days.  The application for an order of
extension must conform in all respects to the provisions of section
700.20 and, in addition, must contain a statement setting forth the
results thus far obtained from the interception, or a reasonable
explanation of the failure to obtain such results.  The provisions of
sections 700.15 and 700.25 are applicable in the determination of such
application.  The order of extension must conform in all respects to the
provisions of section 700.30.  In the execution of such order of
extension the provisions of section 700.35 are applicable.

S 700.50 Eavesdropping and video surveillance warrants; progress
              reports and notice.
  1.  An eavesdropping or video surveillance warrant may require reports
to be made to the issuing justice showing what progress has been made
toward achievement of the authorized objective and the need for
continued eavesdropping or video surveillance.  Such reports shall be
made at such intervals as the justice may require.
  2.  Immediately upon the expiration of the period of an eavesdropping
or video surveillance warrant, the recordings of communications or
observations made pursuant to subdivision three of section 700.35 must
be made available to the issuing justice and sealed under his
directions.
  3.  Within a reasonable time, but in no case later than ninety days
after termination of an eavesdropping or video surveillance warrant, or
expiration of an extension order, except as otherwise provided in
subdivision four, written notice of the fact and date of the issuance of
the eavesdropping or video surveillance warrant, and of the period of
authorized eavesdropping or video surveillance, and of the fact that
during such period communications were or were not intercepted or
observation were or were not made, must be served upon the person named
in the warrant and such other parties to the intercepted communications
or subjects of the video surveillance   as the justice may determine in
his discretion is in the interest of justice. Service reasonably
calculated to give affected parties the notice required by this
subdivision shall be effected within the time limits provided for herein
and in a manner prescribed by the justice. The justice, upon the filing
of a motion by any person served with such notice, may in his discretion
make available to such person or his counsel for inspection such
portions of the intercepted communications or video surveillance,
applications and warrants as the justice determines to be in the
interest of justice.
  4.  On a showing of exigent circumstances to the issuing justice, the
service of the notice required by subdivision three may be postponed by
order of the justice for a reasonable period of time.  Renewals of an
order of postponement may be obtained on a new showing of exigent
circumstances.

S 700.55 Eavesdropping and video surveillance warrants; custody of
              warrants, applications and recordings.
  1.  Applications made and warrants issued under this article shall be
sealed by the justice.  Any eavesdropping or video surveillance warrant,
together with a copy of papers upon which the application is based,
shall be delivered to and retained by the applicant as authority for the
eavesdropping or video surveillance authorized therein.  A copy of such
eavesdropping or video surveillance warrant, together with all the
original papers upon which the application was based, must be retained
by the justice issuing the same, and, in the event of the denial of an
application for such an eavesdropping or video surveillance warrant, a
copy of the papers upon which the application was based must be retained
by the justice denying the same.  Such applications and warrants may be
disclosed only upon a showing of good cause before a court and may not
be destroyed except on order of the issuing or denying justice, and in
any event must be kept for ten years.
  2.  Custody of the recordings made pursuant to subdivision three of
section 700.35 may be wherever the justice orders.  They may not be
destroyed except upon an order of the justice who issued the warrant and
in any event must be kept for ten years.  Duplicate recordings may be
made for use or disclosure pursuant to the provisions of subdivisions
one and two of section 700.65 for investigations.

S 700.60 Eavesdropping warrants; reports to the administrative office of
              the United States courts.
  1. Within thirty days after the termination of an eavesdropping
warrant or the expiration of an extension order, the issuing or denying
justice must submit such report to the administrative office of the
United States courts as is required by federal law.
  2. In January of each year, the attorney general and each district
attorney must submit such report to the administrative office of the
United States courts as is required by federal law.

S 700.65 Eavesdropping and video surveillance warrants; disclosure and
              use of information; order of amendment.
  1.  Any law enforcement officer who, by any means authorized  by  this
  article,  has  obtained  knowledge  of  the  contents of any intercepted
  communication or video surveillance, or evidence derived therefrom,  may
  disclose  such contents to another law enforcement officer to the extent
  that such disclosure is appropriate to the  proper  performance  of  the
  official duties of the officer making or receiving the disclosure.
    2.    Any law enforcement officer who, by any means authorized by this
  article, has obtained knowledge  of  the  contents  of  any  intercepted
  communication  or video surveillance, or evidence derived therefrom, may
  use such contents to the extent such use is appropriate  to  the  proper
  performance of his official duties.
    3.    Any  person  who  has  received, by any means authorized by this
  article,  any  information   concerning   a   communication   or   video
  surveillance, or evidence derived therefrom, intercepted or conducted in
  accordance  with  the  provisions  of  this  article,  may  disclose the
  contents of that communication or video surveillance, or such derivative
  evidence, while giving testimony under oath in any  criminal  proceeding
  in  any  court,  in any grand jury proceeding or in any action commenced
  pursuant to article thirteen-A or thirteen-B of the civil  practice  law
  and rules; provided, however, that the presence of the seal provided for
  by  subdivision  two of section 700.50, or a satisfactory explanation of
  the absence thereof, shall be a prerequisite for the use  or  disclosure
  of  the contents of any communication or video surveillance, or evidence
  derived therefrom; and provided further, however, that where a  criminal
  court  of competent jurisdiction has ordered exclusion or suppression of
  the contents of an intercepted communication or video  surveillance,  or
  evidence  derived  therefrom,  such determination shall be binding in an
  action commenced pursuant to article thirteen-A  or  thirteen-B  of  the
  civil practice law and rules.
    4.  When  a  law  enforcement  officer,  while engaged in intercepting
  communications or conducting video surveillance in the manner authorized
  by this article, intercepts a  communication  or  makes  an  observation
  which  was  not  otherwise  sought and which constitutes evidence of any
  crime that has been, is being or is about to be committed, the  contents
  of  such  communications or observation, and evidence derived therefrom,
  may be disclosed or used as provided in subdivisions one and two.   Such
  contents   and   any  evidence  derived  therefrom  may  be  used  under
  subdivision three when a  justice  amends  the  eavesdropping  or  video
  surveillance  warrant to include such contents. The application for such
  amendment must be made by the applicant as soon as practicable by giving
  notice to the court of the interception  of  the  communication  or  the
  making  of  the  observation and of the contents of such interception or
  observation; provided that during the period in which the  eavesdropping
  or  video  surveillance  is continuing, such notice must be given within
  ten days after probable cause exists to believe that a crime  not  named
  in  the  warrant  has been, is being, or is about to be committed, or at
  the time an application for an order of extension is  made  pursuant  to
  section  700.40  of  this  article,  if such probable cause then exists,
  whichever is earlier.   If the justice finds  that  such  contents  were
  otherwise intercepted in accordance with the provisions of this article,
  he may grant the application.

S 700.70 Eavesdropping warrants; notice before use of evidence.
  The contents of any intercepted communication, or evidence derived
therefrom, may not be received in evidence or otherwise disclosed upon a
trial of a defendant unless the people, within fifteen days after
arraignment and before the commencement of the trial, furnish the
defendant with a copy of the eavesdropping warrant, and accompanying
application, under which interception was authorized or approved.  This
fifteen day period may be extended by the trial court upon good cause
shown if it finds that  the defendant will not be prejudiced by the
delay in receiving such papers.

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