Legislation
SECTION 690.05
Search warrants; in general; definition
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 690
§ 690.05 Search warrants; in general; definition.
1. Under circumstances prescribed in this article, a local criminal
court may, upon application of a police officer, a district attorney or
other public servant acting in the course of his official duties, issue
a search warrant.
2. A search warrant is a court order and process directing a police
officer to conduct:
(a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated property or
kinds of property, and to deliver any property so obtained to the court
which issued the warrant; or
(b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony issued
pursuant to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
(ii) a warrant of arrest issued by any other state or federal court
for an offense which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.
1. Under circumstances prescribed in this article, a local criminal
court may, upon application of a police officer, a district attorney or
other public servant acting in the course of his official duties, issue
a search warrant.
2. A search warrant is a court order and process directing a police
officer to conduct:
(a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated property or
kinds of property, and to deliver any property so obtained to the court
which issued the warrant; or
(b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony issued
pursuant to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or
(ii) a warrant of arrest issued by any other state or federal court
for an offense which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.