New York statute
N.Y. Criminal Procedure Law § 700.35 — Eavesdropping and video surveillance warrants; manner and time of execution
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 700: Eavesdropping and Video Surveillance Warrants, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 700.35
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
700.35 Eavesdropping and video surveillance warrants; manner and time
of execution.
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.
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