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This entry was published on 2014-09-22
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SECTION 700.30
Eavesdropping and video surveillance warrants; form and content
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.30 Eavesdropping and video surveillance warrants; form and

content.

An eavesdropping or video surveillance warrant must contain:

1. The name of the applicant, date of issuance, and the subscription
and title of the issuing justice; and

2. The identity of the person, if known, whose communications are to
be intercepted or who is to be the subject of video surveillance; and

3. The nature and location of the communications facilities as to
which, or the place where, authority to intercept or conduct video
surveillance is granted; and

4. A particular description of the type of communications sought to
be intercepted or of the type of observations to be made, and a
statement of the particular designated offense to which it relates; and

5. The identity of the law enforcement agency authorized to intercept
the communications or conduct the video surveillance; and

6. The period of time during which such interception or observation
is authorized, including a statement as to whether or not the
interception or video surveillance shall automatically terminate when
the described communication has been first obtained or the described
observation has been first made; and

7. A provision that the authorization to intercept or conduct video
surveillance shall be executed as soon as practicable, shall be
conducted in such a way as to minimize the interception of
communications or the making of observations not otherwise subject to
eavesdropping or video surveillance under this article, and must
terminate upon attainment of the authorized objective, or in any event
in thirty days; and

8. An express authorization to make secret entry upon a private place
or premises to install an eavesdropping or video surveillance device, if
such entry is necessary to execute the warrant; and

9. An order authorizing eavesdropping or video surveillance may direct
that providers of wire or electronic communication services furnish the
applicant information, facilities, or technical assistance necessary to
accomplish the interception unobtrusively and with a minimum of
interference with the services that the service provider accords the
party whose communications are to be intercepted. The order shall not
direct the service providers to perform the intercept or use the
premises of the service provider for such activity.