N.Y. Criminal Procedure Law § 700.35: Eavesdropping and video surveillance warrants; manner and time of execution

§ 700.35 Eavesdropping and video surveillance warrants; manner and time

of execution.

1. An eavesdropping or video surveillance warrant must be executed

according to its terms by a law enforcement officer who is a member of

the law enforcement agency authorized in the warrant to intercept the

communications or conduct the video surveillance.

2. Upon termination of the authorization in the warrant,

eavesdropping or video surveillance must cease and as soon as

practicable thereafter any device installed for such purpose either must

be removed or must be permanently inactivated as soon as practicable by

any means approved by the issuing justice. Entry upon a private place

or premise for the removal or permanent inactivation of such device is

deemed to be authorized by the warrant.

3. The contents of any communication intercepted or of any

observation made by any means authorized by this article must, if

possible, be recorded on tape or wire or other comparable device. The

recording of the contents of any such communication or observation must

be done in such way as will protect the recording from editing or other

alterations.

4. In the event an intercepted communication is in a code or foreign

language, and the services of an expert in that foreign language or

code cannot reasonably be obtained during the interception period, where

the warrant so authorizes and in a manner specified therein, the

minimization required by subdivision seven of section 700.30 of this

article may be accomplished as soon as practicable after such

interception.

5. A good faith reliance by a provider of a wire or electronic

communication service upon the validity of a court order issued pursuant

to this article is a complete defense against any civil cause of action

or criminal action based solely on a failure to comply with this

article.