N.Y. Criminal Procedure Law § 700.21: Temporary authorization for eavesdropping or video surveillance in emergency situations

§ 700.21 Temporary authorization for eavesdropping or video surveillance

in emergency situations.

1. In an emergency situation where imminent danger of death or serious

physical injury exists and, under the circumstances, it is impractical

for the applicant to prepare a written application without risk of such

death or injury occurring, an application for an eavesdropping or video

surveillance warrant need not be in writing but may be communicated to a

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

2. Where an oral application for an eavesdropping or video

surveillance warrant is made, the applicant therefor must identify

himself and the purpose of his communication or observation, after being

sworn as provided in subdivision three of this section. The application

must meet the requirements of section 700.20 of this article and provide

the same allegations of fact required by that section.

3. Upon being advised that an oral application for an eavesdropping or

video surveillance warrant is being made, a justice 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 justice 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 justice shall subscribe a copy and file it with the

court within twenty-four hours of the issuance of a warrant.

4. Upon oral application, the court may, where it finds that an

emergency situation exists and that the requirements of section 700.15

of this article have been satisfied, issue a temporary eavesdropping or

video surveillance warrant authorizing eavesdropping or video

surveillance for a period not to exceed twenty-four hours. Such

eavesdropping or video surveillance warrant shall be executed in the

manner prescribed by this article. The twenty-four hour period may not

be extended nor may a temporary warrant be renewed except by written

application in conformity with the requirements of this article.