New York § 690.36 Search warrants; special provisions governing oral applications therefor

New York Statutes

§ 690.36 — Search warrants; special provisions governing oral applications therefor

New York § 690.36

Law CPLCriminal Procedure

Title TProcedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained

Part 3Special Proceedings and Miscellaneous Procedures

Art. 690Search Warrants

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Bluebook

N.Y. Criminal Procedure § 690.36 (2026).

Text

§ 690.36 Search warrants; special provisions governing oral applications\n          therefor.\n  1. An oral application for a search warrant may be communicated to a\njudge by telephone, radio or other means of electronic communication.\n  2. Where an oral application for a search warrant is made, the\napplicant therefor must identify himself and the purpose of his\ncommunication.  After being sworn as provided in subdivision three of\nthis section, the applicant must also make the statement required by\nparagraph (b) of subdivision two of section 690.35 and provide the same\nallegations of fact required by paragraph (c) of such subdivision;\nprovided, however, persons, properly identified, other than the\napplicant may also provide some or all of such allegations of fact\ndirectly to the 

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§ 690.36 Search warrants; special provisions governing oral applications\n therefor.\n 1. An oral application for a search warrant may be communicated to a\njudge by telephone, radio or other means of electronic communication.\n 2. Where an oral application for a search warrant is made, the\napplicant therefor must identify himself and the purpose of his\ncommunication. After being sworn as provided in subdivision three of\nthis section, the applicant must also make the statement required by\nparagraph (b) of subdivision two of section 690.35 and provide the same\nallegations of fact required by paragraph (c) of such subdivision;\nprovided, however, persons, properly identified, other than the\napplicant may also provide some or all of such allegations of fact\ndirectly to the court. Where appropriate, the applicant may also make a\nrequest specified in subdivision three of section 690.35.\n 3. Upon being advised that an oral application for a search warrant is\nbeing made, a judge shall place under oath the applicant and any other\nperson providing information in support of the application. Such oath\nor oaths and all of the remaining communication must be recorded, either\nby means of a voice recording device or verbatim stenographic or\nverbatim longhand notes. If a voice recording device is used or a\nstenographic record made, the judge must have the record transcribed,\ncertify to the accuracy of the transcription and file the original\nrecord and transcription with the court within twenty-four hours of the\nissuance of a warrant. If longhand notes are taken, the judge shall\nsubscribe a copy and file it with the court within twenty-four hours of\nthe issuance of a warrant.\n