§ 700.30 — Eavesdropping and video surveillance warrants; form and content

New York § 700.30

• 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

Text

§ 700.30 Eavesdropping and video surveillance warrants; form and\n content.\n An eavesdropping or video surveillance warrant must contain:\n 1. The name of the applicant, date of issuance, and the subscription\nand title of the issuing justice; and\n 2. The identity of the person, if known, whose communications are to\nbe intercepted or who is to be the subject of video surveillance; and\n 3. The nature and location of the communications facilities as to\nwhich, or the place where, authority to intercept or conduct video\nsurveillance is granted; and\n 4. A particular description of the type of communications sought to\nbe intercepted or of the type of observations to be made, and a\nstatement of the particular designated offense to which it relates; and\n 5. The identity of the law enforcement agency authorized to intercept\nthe communications or conduct the video surveillance; and\n 6. The period of time during which such interception or observation\nis authorized, including a statement as to whether or not the\ninterception or video surveillance shall automatically terminate when\nthe described communication has been first obtained or the described\nobservation has been first made; and\n 7. A provision that the authorization to intercept or conduct video\nsurveillance shall be executed as soon as practicable, shall be\nconducted in such a way as to minimize the interception of\ncommunications or the making of observations not otherwise subject to\neavesdropping or video surveillance under this article, and must\nterminate upon attainment of the authorized objective, or in any event\nin thirty days; and\n 8. An express authorization to make secret entry upon a private place\nor premises to install an eavesdropping or video surveillance device, if\nsuch entry is necessary to execute the warrant; and\n 9. An order authorizing eavesdropping or video surveillance may direct\nthat providers of wire or electronic communication services furnish the\napplicant information, facilities, or technical assistance necessary to\naccomplish the interception unobtrusively and with a minimum of\ninterference with the services that the service provider accords the\nparty whose communications are to be intercepted. The order shall not\ndirect the service providers to perform the intercept or use the\npremises of the service provider for such activity.\n