N.Y. Criminal Procedure Law 700.55 – Eavesdropping and video surveillance warrants; custody of warrants, applications and recordings
§ 700.55 Eavesdropping and video surveillance warrants; custody of
Terms Used In N.Y. Criminal Procedure Law 700.55
- 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
warrants, applications and recordings.
1. Applications made and warrants issued under this article shall be sealed by the justice. Any eavesdropping or video surveillance warrant, together with a copy of papers upon which the application is based, shall be delivered to and retained by the applicant as authority for the eavesdropping or video surveillance authorized therein. A copy of such eavesdropping or video surveillance warrant, together with all the original papers upon which the application was based, must be retained by the justice issuing the same, and, in the event of the denial of an application for such an eavesdropping or video surveillance warrant, a copy of the papers upon which the application was based must be retained by the justice denying the same. Such applications and warrants may be disclosed only upon a showing of good cause before a court and may not be destroyed except on order of the issuing or denying justice, and in any event must be kept for ten years.
2. Custody of the recordings made pursuant to subdivision three of section 700.35 may be wherever the justice orders. They may not be destroyed except upon an order of the justice who issued the warrant and in any event must be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subdivisions one and two of section 700.65 for investigations.