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This entry was published on 2014-09-22
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SECTION 700.20
Eavesdropping and video surveillance warrants; application
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.20 Eavesdropping and video surveillance warrants; application.

1. An ex parte application for an eavesdropping or video surveillance
warrant must be made to a justice in writing, except as provided in
section 700.21 of this article, and must be subscribed and sworn to by
an applicant.

2. The application must contain:

(a) The identity of the applicant and a statement of the applicant's
authority to make such application; and

(b) A full and complete statement of the facts and circumstances
relied upon by the applicant, to justify his belief that an
eavesdropping or video surveillance warrant should be issued, including
(i) a statement of facts establishing probable cause to believe that a
particular designated offense has been, is being, or is about to be
committed, (ii) a particular description of the nature and location of
the facilities from which or the place where the communication is to be
intercepted or the video surveillance is to be conducted, (iii) a
particular description of the type of the communications sought to be
intercepted or of the observations sought to be made, and (iv) the
identity of the person, if known, committing such designated offense and
whose communications are to be intercepted or who is to be the subject
of the video surveillance; and

(c) A statement that such communications or observations are not
otherwise legally privileged; and

(d) A full and complete statement of facts establishing 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, to obtain the evidence sought; and

(e) A statement of the period of time for which the eavesdropping or
video surveillance is required to be maintained. If the nature of the
investigation is such that the authorization for eavesdropping or video
surveillance should not automatically terminate when the described type
of communication has been first obtained or when the described type of
observation has been first made, a particular description of facts
establishing probable cause to believe that additional communications or
observations of the same type will occur thereafter; and

(f) A full and complete statement of the facts concerning all
previous applications, known to the applicant, for an eavesdropping or
video surveillance warrant involving any of the same persons, facilities
or places specified in the application, and the action taken by the
justice on each such application.

3. Allegations of fact in the application may be based either upon
the personal knowledge of the applicant or upon information and belief.
If the applicant personally knows the facts alleged, it must be so
stated. If the facts stated in the application are derived in whole or
part from the statements of persons other than the applicant, the
sources of such facts must be either disclosed or described, and the
application must contain facts establishing the existence and
reliability of the informants or the reliability of the information
supplied by them. The application must also state, so far as possible,
the basis of the informant's knowledge or belief. Affidavits of persons
other than the applicant may be submitted in conjunction with the
application if they tend to support any fact or conclusion alleged
therein. Such accompanying affidavits may be based either on personal
knowledge of the affiant, or information and belief with the source
thereof and the reason therefor specified.