Section 700.65. Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment  


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  • 1.  Any law enforcement officer who, by any means authorized  by  this
      article,  has  obtained  knowledge  of  the  contents of any intercepted
      communication or video surveillance, or evidence derived therefrom,  may
      disclose  such contents to another law enforcement officer to the extent
      that such disclosure is appropriate to the  proper  performance  of  the
      official duties of the officer making or receiving the disclosure.
        2.    Any law enforcement officer who, by any means authorized by this
      article, has obtained knowledge  of  the  contents  of  any  intercepted
      communication  or video surveillance, or evidence derived therefrom, may
      use such contents to the extent such use is appropriate  to  the  proper
      performance of his official duties.
        3.    Any  person  who  has  received, by any means authorized by this
      article,  any  information   concerning   a   communication   or   video
      surveillance, or evidence derived therefrom, intercepted or conducted in
      accordance  with  the  provisions  of  this  article,  may  disclose the
      contents of that communication or video surveillance, or such derivative
      evidence, while giving testimony under oath in any  criminal  proceeding
      in  any  court,  in any grand jury proceeding or in any action commenced
      pursuant to article thirteen-A or thirteen-B of the civil  practice  law
      and rules; provided, however, that the presence of the seal provided for
      by  subdivision  two of section 700.50, or a satisfactory explanation of
      the absence thereof, shall be a prerequisite for the use  or  disclosure
      of  the contents of any communication or video surveillance, or evidence
      derived therefrom; and provided further, however, that where a  criminal
      court  of competent jurisdiction has ordered exclusion or suppression of
      the contents of an intercepted communication or video  surveillance,  or
      evidence  derived  therefrom,  such determination shall be binding in an
      action commenced pursuant to article thirteen-A  or  thirteen-B  of  the
      civil practice law and rules.
        4.  When  a  law  enforcement  officer,  while engaged in intercepting
      communications or conducting video surveillance in the manner authorized
      by this article, intercepts a  communication  or  makes  an  observation
      which  was  not  otherwise  sought and which constitutes evidence of any
      crime that has been, is being or is about to be committed, the  contents
      of  such  communications or observation, and evidence derived therefrom,
      may be disclosed or used as provided in subdivisions one and two.   Such
      contents   and   any  evidence  derived  therefrom  may  be  used  under
      subdivision three when a  justice  amends  the  eavesdropping  or  video
      surveillance  warrant to include such contents. The application for such
      amendment must be made by the applicant as soon as practicable by giving
      notice to the court of the interception  of  the  communication  or  the
      making  of  the  observation and of the contents of such interception or
      observation; provided that during the period in which the  eavesdropping
      or  video  surveillance  is continuing, such notice must be given within
      ten days after probable cause exists to believe that a crime  not  named
      in  the  warrant  has been, is being, or is about to be committed, or at
      the time an application for an order of extension is  made  pursuant  to
      section  700.40  of  this  article,  if such probable cause then exists,
      whichever is earlier.   If the justice finds  that  such  contents  were
      otherwise intercepted in accordance with the provisions of this article,
      he may grant the application.