Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 690.35
Search warrants; the application
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 690
§ 690.35 Search warrants; the application.

1. An application for a search warrant may be in writing or oral. If
in writing, it must be made, subscribed and sworn to by a public servant
specified in subdivision one of section 690.05. If oral, it must be made
by such a public servant and sworn to and recorded in the manner
provided in section 690.36.

2. The application shall be made to:

(a) A local criminal court, as defined in section 10.10 of this
chapter, having preliminary jurisdiction over the underlying offense, or
geographical jurisdiction over the location to be searched when the
search is to be made for personal property of a kind or character
described in section 690.10 of this article except that:

(i) if a town court has such jurisdiction but is not available to
issue the search warrant, the warrant may be issued by the local
criminal court of any village within such town or, any adjoining town,
village embraced in whole or in part by such adjoining town, or city of
the same county;

(ii) if a village court has such jurisdiction but is not available to
issue the search warrant, the warrant may be issued by the town court of
the town embracing such village or any other village court within such
town, or, if such town or village court is not available either, before
the local criminal court of any adjoining town, village embraced in
whole or in part by such adjoining town, or city of the same county; and

(iii) if a city court has such jurisdiction but is not available to
issue the search warrant, the warrant may be issued by the local
criminal court of any adjoining town or village, or village court
embraced by an adjoining town, within the same county as such city.

(b) A local criminal court, as defined in section 10.10 of this
chapter, with geographical jurisdiction over the location where the
premises to be searched is located, or which issued the underlying
arrest warrant, when the search warrant is sought pursuant to paragraph
(b) of subdivision two of section 690.05 of this article, for the
purpose of arresting a wanted person.

Any search warrant issued pursuant to this section shall be subject to
the territorial limitations provided by section 690.20 of this article.

3. The application must contain:

(a) The name of the court and the name and title of the applicant; and

(b) A statement that there is reasonable cause to believe that
property of a kind or character described in section 690.10 may be found
in or upon a designated or described place, vehicle or person, or, in
the case of an application for a search warrant as defined in paragraph
(b) of subdivision two of section 690.05, a statement that there is
reasonable cause to believe that the person who is the subject of the
warrant of arrest may be found in the designated premises; and

(c) Allegations of fact supporting such statement. Such allegations of
fact may be based upon personal knowledge of the applicant or upon
information and belief, provided that in the latter event the sources of
such information and the grounds of such belief are stated. The
applicant may also submit depositions of other persons containing
allegations of fact supporting or tending to support those contained in
the application; and

(d) A request that the court issue a search warrant directing a search
for and seizure of the property or person in question; and

(e) In the case of an application for a search warrant as defined in
paragraph (b) of subdivision two of section 690.05, a copy of the
warrant of arrest and the underlying accusatory instrument.

4. The application may also contain:

(a) A request that the search warrant be made executable at any time
of the day or night, upon the ground that there is reasonable cause to
believe that (i) it cannot be executed between the hours of 6:00 A.M.
and 9:00 P.M., or (ii) the property sought will be removed or destroyed
if not seized forthwith, or (iii) in the case of an application for a
search warrant as defined in paragraph (b) of subdivision two of section
690.05, the person sought is likely to flee or commit another crime, or
may endanger the safety of the executing police officers or another
person if not seized forthwith or between the hours of 9:00 P.M. and
6:00 A.M.; and

(b) A request that the search warrant authorize the executing police
officer to enter premises to be searched without giving notice of his
authority and purpose, upon the ground that there is reasonable cause to
believe that (i) the property sought may be easily and quickly destroyed
or disposed of, or (ii) the giving of such notice may endanger the life
or safety of the executing officer or another person, or (iii) in the
case of an application for a search warrant as defined in paragraph (b)
of subdivision two of section 690.05 for the purpose of searching for
and arresting a person who is the subject of a warrant for a felony, the
person sought is likely to commit another felony, or may endanger the
life or safety of the executing officer or another person.

Any request made pursuant to this subdivision must be accompanied and
supported by allegations of fact of a kind prescribed in paragraph (c)
of subdivision two.