2006 New York Code - 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.

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