§ 690.40 — Search warrants; determination of application

New York § 690.40

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title T: Procedures For Securing Evidence By Means of Court Order and For Sup- Pressing Evidence Unlawfully or Improperly Obtained
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 690: Search Warrants

Text

§ 690.40 Search warrants; determination of application.\n 1. In determining an application for a search warrant the court may\nexamine, under oath, any person whom it believes may possess pertinent\ninformation. Any such examination must be either recorded or summarized\non the record by the court.\n 2. If the court is satisfied that there is reasonable cause to believe\nthat property of a kind or character referred to in section 690.10, and\ndescribed in the application, may be found in or upon the place,\npremises, vehicle or person designated or described in the application,\nor, in the case of an application for a search warrant as defined in\nparagraph (b) of subdivision two of section 690.05, that there is\nreasonable cause to believe that the person who is the subject of a\nwarrant of arrest, a superior court warrant of arrest, or a bench\nwarrant for a felony may be found at the premises designated in the\napplication, it may grant the application and issue a search warrant\ndirecting a search of the said place, premises, vehicle or person and a\nseizure of the described property or the described person. If the court\nis further satisfied that grounds, described in subdivision four of\nsection 690.35, exist for authorizing the search to be made at any hour\nof the day or night, or without giving notice of the police officer's\nauthority and purpose, it may make the search warrant executable\naccordingly.\n 3. When a judge determines to issue a search warrant based upon an\noral application, the applicant therefor shall prepare the warrant in\naccordance with section 690.45 and shall read it, verbatim, to the\njudge.\n