2006 New York Code - Eavesdropping And Video Surveillance Warrants; When Issuable.



 
  § 700.15  Eavesdropping and video surveillance warrants; when issuable.
    An eavesdropping or video surveillance warrant may issue only:
    1.    Upon  an  appropriate  application  made in conformity with this
  article; and
    2.   Upon probable cause to  believe  that  a  particularly  described
  person  is committing, has committed, or is about to commit a particular
  designated offense; and
    3.   Upon probable cause to  believe  that  particular  communications
  concerning  such offense will be obtained through eavesdropping, or upon
  probable cause to believe that particular observations  concerning  such
  offense will be obtained through video surveillance; and
    4.    Upon  a  showing  that normal investigative procedures have been
  tried and have failed, or reasonably appear to be unlikely to succeed if
  tried, or to be too dangerous to employ; and
    5.  Upon probable cause to believe that the facilities from which,  or
  the  place  where, the communications are to be intercepted or the video
  surveillance is to be conducted, are being used,  or  are  about  to  be
  used,  in  connection with the commission of such offense, or are leased
  to, listed in the name of, or commonly used by such person.

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