§ 700.20 — Eavesdropping and video surveillance warrants; application

New York § 700.20

• 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. 700: Eavesdropping and Video Surveillance Warrants

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§ 700.20 Eavesdropping and video surveillance warrants; application.\n 1. An ex parte application for an eavesdropping or video surveillance\nwarrant must be made to a justice in writing, except as provided in\nsection 700.21 of this article, and must be subscribed and sworn to by\nan applicant.\n 2. The application must contain:\n (a) The identity of the applicant and a statement of the applicant's\nauthority to make such application; and\n (b) A full and complete statement of the facts and circumstances\nrelied upon by the applicant, to justify his belief that an\neavesdropping or video surveillance warrant should be issued, including\n(i) a statement of facts establishing probable cause to believe that a\nparticular designated offense has been, is being, or is about to be\ncommitted, (ii) a particular description of the nature and location of\nthe facilities from which or the place where the communication is to be\nintercepted or the video surveillance is to be conducted, (iii) a\nparticular description of the type of the communications sought to be\nintercepted or of the observations sought to be made, and (iv) the\nidentity of the person, if known, committing such designated offense and\nwhose communications are to be intercepted or who is to be the subject\nof the video surveillance; and\n (c) A statement that such communications or observations are not\notherwise legally privileged; and\n (d) A full and complete statement of facts establishing that normal\ninvestigative procedures have been tried and have failed or reasonably\nappear to be unlikely to succeed if tried or to be too dangerous to\nemploy, to obtain the evidence sought; and\n (e) A statement of the period of time for which the eavesdropping or\nvideo surveillance is required to be maintained. If the nature of the\ninvestigation is such that the authorization for eavesdropping or video\nsurveillance should not automatically terminate when the described type\nof communication has been first obtained or when the described type of\nobservation has been first made, a particular description of facts\nestablishing probable cause to believe that additional communications or\nobservations of the same type will occur thereafter; and\n (f) A full and complete statement of the facts concerning all\nprevious applications, known to the applicant, for an eavesdropping or\nvideo surveillance warrant involving any of the same persons, facilities\nor places specified in the application, and the action taken by the\njustice on each such application.\n 3. Allegations of fact in the application may be based either upon\nthe personal knowledge of the applicant or upon information and belief.\nIf the applicant personally knows the facts alleged, it must be so\nstated. If the facts stated in the application are derived in whole or\npart from the statements of persons other than the applicant, the\nsources of such facts must be either disclosed or described, and the\napplication must contain facts establishing the existence and\nreliability of the informants or the reliability of the information\nsupplied by them. The application must also state, so far as possible,\nthe basis of the informant's knowledge or belief. Affidavits of persons\nother than the applicant may be submitted in conjunction with the\napplication if they tend to support any fact or conclusion alleged\ntherein. Such accompanying affidavits may be based either on personal\nknowledge of the affiant, or information and belief with the source\nthereof and the reason therefor specified.\n