N.Y. Criminal Procedure Law § 690.36: Search warrants; special provisions governing oral applications therefor

§ 690.36 Search warrants; special provisions governing oral applications

therefor.

1. An oral application for a search warrant may be communicated to a

judge by telephone, radio or other means of electronic communication.

2. Where an oral application for a search warrant is made, the

applicant therefor must identify himself and the purpose of his

communication. After being sworn as provided in subdivision three of

this section, the applicant must also make the statement required by

paragraph (b) of subdivision two of section 690.35 and provide the same

allegations of fact required by paragraph (c) of such subdivision;

provided, however, persons, properly identified, other than the

applicant may also provide some or all of such allegations of fact

directly to the court. Where appropriate, the applicant may also make a

request specified in subdivision three of section 690.35.

3. Upon being advised that an oral application for a search warrant is

being made, a judge shall place under oath the applicant and any other

person providing information in support of the application. Such oath

or oaths and all of the remaining communication must be recorded, either

by means of a voice recording device or verbatim stenographic or

verbatim longhand notes. If a voice recording device is used or a

stenographic record made, the judge must have the record transcribed,

certify to the accuracy of the transcription and file the original

record and transcription with the court within twenty-four hours of the

issuance of a warrant. If longhand notes are taken, the judge shall

subscribe a copy and file it with the court within twenty-four hours of

the issuance of a warrant.