Section 700.35. Eavesdropping and video surveillance warrants; manner and time of execution  


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  • 1.  An eavesdropping or video surveillance warrant  must  be  executed
      according  to  its terms by a law enforcement officer who is a member of
      the law enforcement agency authorized in the warrant  to  intercept  the
      communications or conduct the video surveillance.
        2.      Upon   termination   of  the  authorization  in  the  warrant,
      eavesdropping  or  video  surveillance  must  cease  and  as   soon   as
      practicable thereafter any device installed for such purpose either must
      be removed or must be permanently inactivated  as soon as practicable by
      any  means  approved by the issuing justice.  Entry upon a private place
      or premise for the removal or permanent inactivation of such  device  is
      deemed to be authorized by the warrant.
        3.     The  contents  of  any  communication  intercepted  or  of  any
      observation made by any  means  authorized  by  this  article  must,  if
      possible,  be  recorded on tape or wire or other comparable device.  The
      recording of the contents of any such communication or observation  must
      be  done in such way as will protect the recording from editing or other
      alterations.
        4. In the event an intercepted communication is in a code  or  foreign
      language,  and  the  services   of an expert in that foreign language or
      code cannot reasonably be obtained during the interception period, where
      the warrant so  authorizes  and  in  a  manner  specified  therein,  the
      minimization  required  by  subdivision  seven of section 700.30 of this
      article  may  be  accomplished  as  soon  as  practicable   after   such
      interception.
        5.  A  good  faith  reliance  by  a  provider  of a wire or electronic
      communication service upon the validity of a court order issued pursuant
      to this article is a complete defense against any civil cause of  action
      or  criminal  action  based  solely  on  a  failure  to comply with this
      article.