N.Y. Criminal Procedure Law 700.40 – Eavesdropping and video surveillance warrants; order of extension
§ 700.40 Eavesdropping and video surveillance warrants; order of
Terms Used In N.Y. Criminal Procedure Law 700.40
- applicant: includes that person designated to act for him and perform his official function in and during his actual absence or disability. See N.Y. Criminal Procedure Law 700.05
- Eavesdropping: means "wiretapping" "mechanical overhearing of conversation" or the "intercepting or accessing of an electronic communication" as those terms are defined in § 250. See N.Y. Criminal Procedure Law 700.05
- Justice: except as otherwise provided herein, means any justice of an appellate division of the judicial department in which the eavesdropping warrant is to be executed, or any justice of the supreme court of the judicial district in which the eavesdropping warrant is to be executed, or any county court judge of the county in which the eavesdropping warrant is to be executed. See N.Y. Criminal Procedure Law 700.05
- Video surveillance: means the intentional visual observation by law enforcement of a person by means of a television camera or other electronic device that is part of a television transmitting apparatus, whether or not such observation is recorded on film or video tape, without the consent of that person or another person thereat and under circumstances in which such observation in the absence of a video surveillance warrant infringes upon such person's reasonable expectation of privacy under the constitution of this state or of the United States. See N.Y. Criminal Procedure Law 700.05
- Video surveillance warrant: means an order of a justice authorizing or approving video surveillance. See N.Y. Criminal Procedure Law 700.05
extension.
At any time prior to the expiration of an eavesdropping or video surveillance warrant, the applicant may apply to the issuing justice, or, if he is unavailable, to another justice, for an order of extension. The period of extension shall be no longer than the justice deems necessary to achieve the purposes for which it was granted and in no event longer than thirty days. The application for an order of extension must conform in all respects to the provisions of section 700.20 and, in addition, must contain a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. The provisions of sections 700.15 and 700.25 are applicable in the determination of such application. The order of extension must conform in all respects to the provisions of section 700.30. In the execution of such order of extension the provisions of section 700.35 are applicable.