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This entry was published on 2014-09-22
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SECTION 690.40
Search warrants; determination of application
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 690
§ 690.40 Search warrants; determination of application.

1. In determining an application for a search warrant the court may
examine, under oath, any person whom it believes may possess pertinent
information. Any such examination must be either recorded or summarized
on the record by the court.

2. If the court is satisfied that there is reasonable cause to believe
that property of a kind or character referred to in section 690.10, and
described in the application, may be found in or upon the place,
premises, vehicle or person designated or described in the application,
or, in the case of an application for a search warrant as defined in
paragraph (b) of subdivision two of section 690.05, that there is
reasonable cause to believe that the person who is the subject of a
warrant of arrest, a superior court warrant of arrest, or a bench
warrant for a felony may be found at the premises designated in the
application, it may grant the application and issue a search warrant
directing a search of the said place, premises, vehicle or person and a
seizure of the described property or the described person. If the court
is further satisfied that grounds, described in subdivision four of
section 690.35, exist for authorizing the search to be made at any hour
of the day or night, or without giving notice of the police officer's
authority and purpose, it may make the search warrant executable
accordingly.

3. When a judge determines to issue a search warrant based upon an
oral application, the applicant therefor shall prepare the warrant in
accordance with section 690.45 and shall read it, verbatim, to the
judge.