Section 690.36. Search warrants; special provisions governing oral applications therefor  


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  • 1.  An  oral application for a search warrant may be communicated to a
      judge by telephone, radio or other means of electronic communication.
        2. Where an oral  application  for  a  search  warrant  is  made,  the
      applicant  therefor  must  identify  himself  and  the  purpose  of  his
      communication.  After being sworn as provided in  subdivision  three  of
      this  section,  the  applicant  must also make the statement required by
      paragraph (b) of subdivision two of section 690.35 and provide the  same
      allegations  of  fact  required  by  paragraph  (c) of such subdivision;
      provided,  however,  persons,  properly  identified,  other   than   the
      applicant  may  also  provide  some  or  all of such allegations of fact
      directly to the court. Where appropriate, the applicant may also make  a
      request specified in subdivision three of section 690.35.
        3. Upon being advised that an oral application for a search warrant is
      being  made,  a judge shall place under oath the applicant and any other
      person providing information in support of the application.   Such  oath
      or oaths and all of the remaining communication must be recorded, either
      by  means  of  a  voice  recording  device  or  verbatim stenographic or
      verbatim longhand notes.   If a voice recording  device  is  used  or  a
      stenographic  record  made,  the judge must have the record transcribed,
      certify to the accuracy of  the  transcription  and  file  the  original
      record  and transcription with the court within twenty-four hours of the
      issuance of a warrant. If longhand notes  are  taken,  the  judge  shall
      subscribe  a copy and file it with the court within twenty-four hours of
      the issuance of a warrant.