N.Y. Criminal Procedure Law § 700.65: Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment

§ 700.65 Eavesdropping and video surveillance warrants; disclosure and

use of information; order of amendment.

1. Any law enforcement officer who, by any means authorized by this

article, has obtained knowledge of the contents of any intercepted

communication or video surveillance, or evidence derived therefrom, may

disclose such contents to another law enforcement officer to the extent

that such disclosure is appropriate to the proper performance of the

official duties of the officer making or receiving the disclosure.

2. Any law enforcement officer who, by any means authorized by this

article, has obtained knowledge of the contents of any intercepted

communication or video surveillance, or evidence derived therefrom, may

use such contents to the extent such use is appropriate to the proper

performance of his official duties.

3. Any person who has received, by any means authorized by this

article, any information concerning a communication or video

surveillance, or evidence derived therefrom, intercepted or conducted in

accordance with the provisions of this article, may disclose the

contents of that communication or video surveillance, or such derivative

evidence, while giving testimony under oath in any criminal proceeding

in any court, in any grand jury proceeding or in any action commenced

pursuant to article thirteen-A or thirteen-B of the civil practice law

and rules; provided, however, that the presence of the seal provided for

by subdivision two of section 700.50, or a satisfactory explanation of

the absence thereof, shall be a prerequisite for the use or disclosure

of the contents of any communication or video surveillance, or evidence

derived therefrom; and provided further, however, that where a criminal

court of competent jurisdiction has ordered exclusion or suppression of

the contents of an intercepted communication or video surveillance, or

evidence derived therefrom, such determination shall be binding in an

action commenced pursuant to article thirteen-A or thirteen-B of the

civil practice law and rules.

4. When a law enforcement officer, while engaged in intercepting

communications or conducting video surveillance in the manner authorized

by this article, intercepts a communication or makes an observation

which was not otherwise sought and which constitutes evidence of any

crime that has been, is being or is about to be committed, the contents

of such communications or observation, and evidence derived therefrom,

may be disclosed or used as provided in subdivisions one and two. Such

contents and any evidence derived therefrom may be used under

subdivision three when a justice amends the eavesdropping or video

surveillance warrant to include such contents. The application for such

amendment must be made by the applicant as soon as practicable by giving

notice to the court of the interception of the communication or the

making of the observation and of the contents of such interception or

observation; provided that during the period in which the eavesdropping

or video surveillance is continuing, such notice must be given within

ten days after probable cause exists to believe that a crime not named

in the warrant has been, is being, or is about to be committed, or at

the time an application for an order of extension is made pursuant to

section 700.40 of this article, if such probable cause then exists,

whichever is earlier. If the justice finds that such contents were

otherwise intercepted in accordance with the provisions of this article,

he may grant the application.