2021 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title T - Procedures for Securing Evidence by Means of Court Order and for Suppressing Evidence Unlawfully or Improperly Obtained
Article 700 - Eavesdropping and Video Surveillance Warrants
700.15 - 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.
