§ 700.65 — Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment

New York § 700.65

• 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

§ 700.65 Eavesdropping and video surveillance warrants; disclosure and\n use of information; order of amendment.\n 1. Any law enforcement officer who, by any means authorized by this\narticle, has obtained knowledge of the contents of any intercepted\ncommunication or video surveillance, or evidence derived therefrom, may\ndisclose such contents to another law enforcement officer to the extent\nthat such disclosure is appropriate to the proper performance of the\nofficial duties of the officer making or receiving the disclosure.\n 2. Any law enforcement officer who, by any means authorized by this\narticle, has obtained knowledge of the contents of any intercepted\ncommunication or video surveillance, or evidence derived therefrom, may\nuse such contents to the extent such use is appropriate to the proper\nperformance of his official duties.\n 3. Any person who has received, by any means authorized by this\narticle, any information concerning a communication or video\nsurveillance, or evidence derived therefrom, intercepted or conducted in\naccordance with the provisions of this article, may disclose the\ncontents of that communication or video surveillance, or such derivative\nevidence, while giving testimony under oath in any criminal proceeding\nin any court, in any grand jury proceeding or in any action commenced\npursuant to article thirteen-A or thirteen-B of the civil practice law\nand rules; provided, however, that the presence of the seal provided for\nby subdivision two of section 700.50, or a satisfactory explanation of\nthe absence thereof, shall be a prerequisite for the use or disclosure\nof the contents of any communication or video surveillance, or evidence\nderived therefrom; and provided further, however, that where a criminal\ncourt of competent jurisdiction has ordered exclusion or suppression of\nthe contents of an intercepted communication or video surveillance, or\nevidence derived therefrom, such determination shall be binding in an\naction commenced pursuant to article thirteen-A or thirteen-B of the\ncivil practice law and rules.\n 4. When a law enforcement officer, while engaged in intercepting\ncommunications or conducting video surveillance in the manner authorized\nby this article, intercepts a communication or makes an observation\nwhich was not otherwise sought and which constitutes evidence of any\ncrime that has been, is being or is about to be committed, the contents\nof such communications or observation, and evidence derived therefrom,\nmay be disclosed or used as provided in subdivisions one and two. Such\ncontents and any evidence derived therefrom may be used under\nsubdivision three when a justice amends the eavesdropping or video\nsurveillance warrant to include such contents. The application for such\namendment must be made by the applicant as soon as practicable by giving\nnotice to the court of the interception of the communication or the\nmaking of the observation and of the contents of such interception or\nobservation; provided that during the period in which the eavesdropping\nor video surveillance is continuing, such notice must be given within\nten days after probable cause exists to believe that a crime not named\nin the warrant has been, is being, or is about to be committed, or at\nthe time an application for an order of extension is made pursuant to\nsection 700.40 of this article, if such probable cause then exists,\nwhichever is earlier. If the justice finds that such contents were\notherwise intercepted in accordance with the provisions of this article,\nhe may grant the application.\n