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 700.50
Eavesdropping and video surveillance warrants; progress reports and notice
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 700
§ 700.50 Eavesdropping and video surveillance warrants; progress

reports and notice.

1. An eavesdropping or video surveillance warrant may require reports
to be made to the issuing justice showing what progress has been made
toward achievement of the authorized objective and the need for
continued eavesdropping or video surveillance. Such reports shall be
made at such intervals as the justice may require.

2. Immediately upon the expiration of the period of an eavesdropping
or video surveillance warrant, the recordings of communications or
observations made pursuant to subdivision three of section 700.35 must
be made available to the issuing justice and sealed under his

3. Within a reasonable time, but in no case later than ninety days
after termination of an eavesdropping or video surveillance warrant, or
expiration of an extension order, except as otherwise provided in
subdivision four, written notice of the fact and date of the issuance of
the eavesdropping or video surveillance warrant, and of the period of
authorized eavesdropping or video surveillance, and of the fact that
during such period communications were or were not intercepted or
observation were or were not made, must be served upon the person named
in the warrant and such other parties to the intercepted communications
or subjects of the video surveillance as the justice may determine in
his discretion is in the interest of justice. Service reasonably
calculated to give affected parties the notice required by this
subdivision shall be effected within the time limits provided for herein
and in a manner prescribed by the justice. The justice, upon the filing
of a motion by any person served with such notice, may in his discretion
make available to such person or his counsel for inspection such
portions of the intercepted communications or video surveillance,
applications and warrants as the justice determines to be in the
interest of justice.

4. On a showing of exigent circumstances to the issuing justice, the
service of the notice required by subdivision three may be postponed by
order of the justice for a reasonable period of time. Renewals of an
order of postponement may be obtained on a new showing of exigent