§ 700.35 — Eavesdropping and video surveillance warrants; manner and time of execution

New York § 700.35

• 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

§ 700.35 Eavesdropping and video surveillance warrants; manner and time\n of execution.\n 1. An eavesdropping or video surveillance warrant must be executed\naccording to its terms by a law enforcement officer who is a member of\nthe law enforcement agency authorized in the warrant to intercept the\ncommunications or conduct the video surveillance.\n 2. Upon termination of the authorization in the warrant,\neavesdropping or video surveillance must cease and as soon as\npracticable thereafter any device installed for such purpose either must\nbe removed or must be permanently inactivated as soon as practicable by\nany means approved by the issuing justice. Entry upon a private place\nor premise for the removal or permanent inactivation of such device is\ndeemed to be authorized by the warrant.\n 3. The contents of any communication intercepted or of any\nobservation made by any means authorized by this article must, if\npossible, be recorded on tape or wire or other comparable device. The\nrecording of the contents of any such communication or observation must\nbe done in such way as will protect the recording from editing or other\nalterations.\n 4. In the event an intercepted communication is in a code or foreign\nlanguage, and the services of an expert in that foreign language or\ncode cannot reasonably be obtained during the interception period, where\nthe warrant so authorizes and in a manner specified therein, the\nminimization required by subdivision seven of section 700.30 of this\narticle may be accomplished as soon as practicable after such\ninterception.\n 5. A good faith reliance by a provider of a wire or electronic\ncommunication service upon the validity of a court order issued pursuant\nto this article is a complete defense against any civil cause of action\nor criminal action based solely on a failure to comply with this\narticle.\n