Section 700.20. Eavesdropping and video surveillance warrants; application  


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  • 1.  An ex parte application for an eavesdropping or video surveillance
      warrant  must  be  made  to  a justice in writing, except as provided in
      section 700.21 of this article, and must be subscribed and sworn  to  by
      an applicant.
        2.  The application must contain:
        (a)   The identity of the applicant and a statement of the applicant's
      authority to make such application; and
        (b)  A full and complete statement  of  the  facts  and  circumstances
      relied   upon   by   the  applicant,  to  justify  his  belief  that  an
      eavesdropping or video surveillance warrant should be issued,  including
      (i)  a  statement of facts establishing probable cause to believe that a
      particular designated offense has been, is being,  or  is  about  to  be
      committed,  (ii)  a particular description of the nature and location of
      the facilities from which or the place where the communication is to  be
      intercepted  or  the  video  surveillance  is  to  be conducted, (iii) a
      particular description of the type of the communications  sought  to  be
      intercepted  or  of  the  observations  sought  to be made, and (iv) the
      identity of the person, if known, committing such designated offense and
      whose communications are to be intercepted or who is to be  the  subject
      of the video surveillance; and
        (c)    A  statement  that  such communications or observations are not
      otherwise legally privileged; and
        (d)  A full and complete statement of facts establishing  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, to obtain the evidence sought; and
        (e)   A statement of the period of time for which the eavesdropping or
      video surveillance is required to be maintained.  If the nature  of  the
      investigation  is such that the authorization for eavesdropping or video
      surveillance should not automatically terminate when the described  type
      of  communication  has been first obtained or when the described type of
      observation has been first  made,  a  particular  description  of  facts
      establishing probable cause to believe that additional communications or
      observations of the same type will occur thereafter; and
        (f)    A  full  and  complete  statement  of  the facts concerning all
      previous applications, known to the applicant, for an  eavesdropping  or
      video surveillance warrant involving any of the same persons, facilities
      or  places  specified  in  the  application, and the action taken by the
      justice on each such application.
        3.  Allegations of fact in the application may be  based  either  upon
      the  personal knowledge of the applicant or upon information and belief.
      If the applicant personally knows the  facts  alleged,  it  must  be  so
      stated.   If the facts stated in the application are derived in whole or
      part from the statements  of  persons  other  than  the  applicant,  the
      sources  of  such  facts  must be either disclosed or described, and the
      application  must  contain  facts   establishing   the   existence   and
      reliability  of  the  informants  or  the reliability of the information
      supplied by them.  The application must also state, so far as  possible,
      the basis of the informant's knowledge or belief.  Affidavits of persons
      other  than  the  applicant  may  be  submitted  in conjunction with the
      application if they tend to  support  any  fact  or  conclusion  alleged
      therein.    Such accompanying affidavits may be based either on personal
      knowledge of the affiant, or information  and  belief  with  the  source
      thereof and the reason therefor specified.