Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part THREE. SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES |
Title T. PROCEDURES FOR SECURING EVIDENCE BY MEANS OF COURT ORDER AND FOR SUP- PRESSING EVIDENCE UNLAWFULLY OR IMPROPERLY OBTAINED |
Article 700. EAVESDROPPING AND VIDEO SURVEILLANCE WARRANTS |
Section 700.25. Eavesdropping warrants; determination of application
Latest version.
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1. If the application conforms to section 700.20, the justice may require the applicant to furnish additional testimony or documentary evidence in support of the application. He may examine, under oath, any person for the purpose of determining whether grounds exist for the issuance of the warrant pursuant to section 700.15. Any such examination must be either recorded or summarized in writing. 2. If the justice determines on the basis of the facts submitted by the applicant that grounds exist for the issuance of an eavesdropping warrant pursuant to section 700.15, the justice may grant the application and issue an eavesdropping warrant, in accordance with section 700.30. 3. If the application does not conform to section 700.20, or if the justice is not satisfied that grounds exist for the issuance of an eavesdropping warrant, the application must be denied.