§ 700.50 — Eavesdropping and video surveillance warrants; progress reports and notice

New York § 700.50

• 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

§ 700.50 Eavesdropping and video surveillance warrants; progress\n reports and notice.\n 1. An eavesdropping or video surveillance warrant may require reports\nto be made to the issuing justice showing what progress has been made\ntoward achievement of the authorized objective and the need for\ncontinued eavesdropping or video surveillance. Such reports shall be\nmade at such intervals as the justice may require.\n 2. Immediately upon the expiration of the period of an eavesdropping\nor video surveillance warrant, the recordings of communications or\nobservations made pursuant to subdivision three of section 700.35 must\nbe made available to the issuing justice and sealed under his\ndirections.\n 3. Within a reasonable time, but in no case later than ninety days\nafter termination of an eavesdropping or video surveillance warrant, or\nexpiration of an extension order, except as otherwise provided in\nsubdivision four, written notice of the fact and date of the issuance of\nthe eavesdropping or video surveillance warrant, and of the period of\nauthorized eavesdropping or video surveillance, and of the fact that\nduring such period communications were or were not intercepted or\nobservation were or were not made, must be served upon the person named\nin the warrant and such other parties to the intercepted communications\nor subjects of the video surveillance as the justice may determine in\nhis discretion is in the interest of justice. Service reasonably\ncalculated to give affected parties the notice required by this\nsubdivision shall be effected within the time limits provided for herein\nand in a manner prescribed by the justice. The justice, upon the filing\nof a motion by any person served with such notice, may in his discretion\nmake available to such person or his counsel for inspection such\nportions of the intercepted communications or video surveillance,\napplications and warrants as the justice determines to be in the\ninterest of justice.\n 4. On a showing of exigent circumstances to the issuing justice, the\nservice of the notice required by subdivision three may be postponed by\norder of the justice for a reasonable period of time. Renewals of an\norder of postponement may be obtained on a new showing of exigent\ncircumstances.\n