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This entry was published on 2014-09-22
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SECTION 690.36
Search warrants; special provisions governing oral applications therefor
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 690
§ 690.36 Search warrants; special provisions governing oral applications

therefor.

1. An oral application for a search warrant may be communicated to a
judge by telephone, radio or other means of electronic communication.

2. Where an oral application for a search warrant is made, the
applicant therefor must identify himself and the purpose of his
communication. After being sworn as provided in subdivision three of
this section, the applicant must also make the statement required by
paragraph (b) of subdivision two of section 690.35 and provide the same
allegations of fact required by paragraph (c) of such subdivision;
provided, however, persons, properly identified, other than the
applicant may also provide some or all of such allegations of fact
directly to the court. Where appropriate, the applicant may also make a
request specified in subdivision three of section 690.35.

3. Upon being advised that an oral application for a search warrant is
being made, a judge shall place under oath the applicant and any other
person providing information in support of the application. Such oath
or oaths and all of the remaining communication must be recorded, either
by means of a voice recording device or verbatim stenographic or
verbatim longhand notes. If a voice recording device is used or a
stenographic record made, the judge must have the record transcribed,
certify to the accuracy of the transcription and file the original
record and transcription with the court within twenty-four hours of the
issuance of a warrant. If longhand notes are taken, the judge shall
subscribe a copy and file it with the court within twenty-four hours of
the issuance of a warrant.