2006 New York Code - Eavesdropping And Video Surveillance Warrants; Progress Reports And Notice.



 
  § 700.50  Eavesdropping   and   video  surveillance  warrants;  progress
               reports and notice.
    1.  An eavesdropping or video surveillance warrant may require reports
  to be made to the issuing justice showing what progress  has  been  made
  toward  achievement  of  the  authorized  objective  and  the  need  for
  continued eavesdropping or video surveillance.   Such reports  shall  be
  made at such intervals as the justice may require.
    2.   Immediately upon the expiration of the period of an eavesdropping
  or video surveillance  warrant,  the  recordings  of  communications  or
  observations  made  pursuant to subdivision three of section 700.35 must
  be  made  available  to  the  issuing  justice  and  sealed  under   his
  directions.
    3.    Within  a reasonable time, but in no case later than ninety days
  after termination of an eavesdropping or video surveillance warrant,  or
  expiration  of  an  extension  order,  except  as  otherwise provided in
  subdivision four, written notice of the fact and date of the issuance of
  the eavesdropping or video surveillance warrant, and of  the  period  of
  authorized  eavesdropping  or  video  surveillance, and of the fact that
  during such period  communications  were  or  were  not  intercepted  or
  observation  were or were not made, must be served upon the person named
  in the warrant and such other parties to the intercepted  communications
  or  subjects of the video surveillance   as the justice may determine in
  his discretion  is  in  the  interest  of  justice.  Service  reasonably
  calculated  to  give  affected  parties  the  notice  required  by  this
  subdivision shall be effected within the time limits provided for herein
  and in a manner prescribed by the justice. The justice, upon the  filing
  of a motion by any person served with such notice, may in his discretion
  make  available  to  such  person  or  his  counsel  for inspection such
  portions  of  the  intercepted  communications  or  video  surveillance,
  applications  and  warrants  as  the  justice  determines  to  be in the
  interest of justice.
    4.  On a showing of exigent circumstances to the issuing justice,  the
  service  of the notice required by subdivision three may be postponed by
  order of the justice for a reasonable period of time.   Renewals  of  an
  order  of  postponement  may  be  obtained  on  a new showing of exigent
  circumstances.

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