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This entry was published on 2014-09-22
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SECTION 700.35
Eavesdropping and video surveillance warrants; manner and time of execution
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.35 Eavesdropping and video surveillance warrants; manner and time

of execution.

1. An eavesdropping or video surveillance warrant must be executed
according to its terms by a law enforcement officer who is a member of
the law enforcement agency authorized in the warrant to intercept the
communications or conduct the video surveillance.

2. Upon termination of the authorization in the warrant,
eavesdropping or video surveillance must cease and as soon as
practicable thereafter any device installed for such purpose either must
be removed or must be permanently inactivated as soon as practicable by
any means approved by the issuing justice. Entry upon a private place
or premise for the removal or permanent inactivation of such device is
deemed to be authorized by the warrant.

3. The contents of any communication intercepted or of any
observation made by any means authorized by this article must, if
possible, be recorded on tape or wire or other comparable device. The
recording of the contents of any such communication or observation must
be done in such way as will protect the recording from editing or other
alterations.

4. In the event an intercepted communication is in a code or foreign
language, and the services of an expert in that foreign language or
code cannot reasonably be obtained during the interception period, where
the warrant so authorizes and in a manner specified therein, the
minimization required by subdivision seven of section 700.30 of this
article may be accomplished as soon as practicable after such
interception.

5. A good faith reliance by a provider of a wire or electronic
communication service upon the validity of a court order issued pursuant
to this article is a complete defense against any civil cause of action
or criminal action based solely on a failure to comply with this
article.