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This entry was published on 2014-09-22
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SECTION 690.50
Search warrants; execution thereof
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 690
§ 690.50 Search warrants; execution thereof.

1. In executing a search warrant directing a search of premises or a
vehicle, a police officer must, except as provided in subdivision two,
give, or make reasonable effort to give, notice of his authority and
purpose to an occupant thereof before entry and show him the warrant or
a copy thereof upon request. If he is not thereafter admitted, he may
forcibly enter such premises or vehicle and may use against any person
resisting his entry or search thereof as much physical force, other than
deadly physical force, as is necessary to execute the warrant; and he
may use deadly physical force if he reasonably believes such to be
necessary to defend himself or a third person from what he reasonably
believes to be the use or imminent use of deadly physical force.

2. In executing a search warrant directing a search of premises or a
vehicle, a police officer need not give notice to anyone of his
authority and purpose, as prescribed in subdivision one, but may
promptly enter the same if:

(a) Such premises or vehicle are at the time unoccupied or reasonably
believed by the officer to be unoccupied; or

(b) The search warrant expressly authorizes entry without notice.

3. In executing a search warrant directing or authorizing a search of
a person, a police officer must give, or make reasonable effort to give,
such person notice of his authority and purpose and show him the warrant
or a copy thereof upon request. If such person, or another, thereafter
resists or refuses to permit the search, the officer may use as much
physical force, other than deadly physical force, as is necessary to
execute the warrant; and he may use deadly physical force if he
reasonably believes such to be necessary to defend himself or a third
person from what he reasonably believes to be the use or imminent use of
deadly physical force.

4. Upon seizing property pursuant to a search warrant, a police
officer must write and subscribe a receipt itemizing the property taken
and containing the name of the court by which the warrant was issued. If
property is taken from a person, such receipt must be given to such
person. If property is taken from premises or a vehicle, such receipt
must be given to the owner, tenant or other person in possession thereof
if he is present; or if he is not, the officer must leave such a receipt
in the premises or vehicle from which the property was taken.

5. Upon seizing property pursuant to a search warrant, a police
officer must without unnecessary delay return to the court the warrant
and the property, and must file therewith a written inventory of such
property, subscribed and sworn to by such officer.

6. Upon arresting a person during a search for him or her pursuant to
a search warrant as defined in paragraph (b) of subdivision two of
section 690.05, a police officer shall comply with the terms of the
warrant of arrest, superior court warrant of arrest, or bench warrant
for a felony, and shall proceed in the manner directed by this chapter.
Upon arresting such person, the police officer shall also, without
unnecessary delay, file a written statement with the court which issued
the search warrant, subscribed and sworn to by such officer, setting
forth that the person has been arrested and duly brought before the
appropriate court, return to the court the warrant and the property
seized in the course of its execution, and file therewith a written
inventory of any such property, subscribed and sworn to by such officer.