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This entry was published on 2014-09-22
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SECTION 700.21
Temporary authorization for eavesdropping or video surveillance in emergency situations
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.21 Temporary authorization for eavesdropping or video surveillance

in emergency situations.

1. In an emergency situation where imminent danger of death or serious
physical injury exists and, under the circumstances, it is impractical
for the applicant to prepare a written application without risk of such
death or injury occurring, an application for an eavesdropping or video
surveillance warrant need not be in writing but may be communicated to a
justice by telephone, radio or other means of electronic communication.

2. Where an oral application for an eavesdropping or video
surveillance warrant is made, the applicant therefor must identify
himself and the purpose of his communication or observation, after being
sworn as provided in subdivision three of this section. The application
must meet the requirements of section 700.20 of this article and provide
the same allegations of fact required by that section.

3. Upon being advised that an oral application for an eavesdropping or
video surveillance warrant is being made, a justice 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 justice 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 justice shall subscribe a copy and file it with the
court within twenty-four hours of the issuance of a warrant.

4. Upon oral application, the court may, where it finds that an
emergency situation exists and that the requirements of section 700.15
of this article have been satisfied, issue a temporary eavesdropping or
video surveillance warrant authorizing eavesdropping or video
surveillance for a period not to exceed twenty-four hours. Such
eavesdropping or video surveillance warrant shall be executed in the
manner prescribed by this article. The twenty-four hour period may not
be extended nor may a temporary warrant be renewed except by written
application in conformity with the requirements of this article.