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 700.15
Eavesdropping and video surveillance warrants; when issuable
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.15 Eavesdropping and video surveillance warrants; when issuable.

An eavesdropping or video surveillance warrant may issue only:

1. Upon an appropriate application made in conformity with this
article; and

2. Upon probable cause to believe that a particularly described
person is committing, has committed, or is about to commit a particular
designated offense; and

3. Upon probable cause to believe that particular communications
concerning such offense will be obtained through eavesdropping, or upon
probable cause to believe that particular observations concerning such
offense will be obtained through video surveillance; and

4. Upon a showing that normal investigative procedures have been
tried and have failed, or reasonably appear to be unlikely to succeed if
tried, or to be too dangerous to employ; and

5. Upon probable cause to believe that the facilities from which, or
the place where, the communications are to be intercepted or the video
surveillance is to be conducted, are being used, or are about to be
used, in connection with the commission of such offense, or are leased
to, listed in the name of, or commonly used by such person.