Section 700.21. Temporary authorization for eavesdropping or video surveillance in emergency situations  


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  • 1. In an emergency situation where imminent danger of death or serious
      physical  injury  exists and, under the circumstances, it is impractical
      for the applicant to prepare a written application without risk of  such
      death  or injury occurring, an application for an eavesdropping or video
      surveillance warrant need not be in writing but may be communicated to a
      justice by telephone, radio or other means of electronic communication.
        2.  Where  an  oral  application  for  an   eavesdropping   or   video
      surveillance  warrant  is  made,  the  applicant  therefor must identify
      himself and the purpose of his communication or observation, after being
      sworn as provided in subdivision three of this section. The  application
      must meet the requirements of section 700.20 of this article and provide
      the same allegations of fact required by that section.
        3. Upon being advised that an oral application for an eavesdropping or
      video  surveillance  warrant  is being made, a justice 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 justice 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 justice shall subscribe a copy and file it with the
      court within twenty-four hours of the issuance of a warrant.
        4.  Upon  oral  application,  the  court  may,  where it finds that an
      emergency situation exists and that the requirements of  section  700.15
      of  this article have been satisfied, issue a temporary eavesdropping or
      video  surveillance   warrant   authorizing   eavesdropping   or   video
      surveillance  for  a  period  not  to  exceed  twenty-four  hours.  Such
      eavesdropping or video surveillance warrant shall  be  executed  in  the
      manner  prescribed  by this article. The twenty-four hour period may not
      be extended nor may a temporary warrant be  renewed  except  by  written
      application in conformity with the requirements of this article.