CPL § 700.15

Eavesdropping and video surveillance warrants; when issuable · as in force on May 31, 2026

§ 700.15 Eavesdropping and video surveillance warrants; when issuable.

An eavesdropping or video surveillance warrant may issue only:

1. Upon an appropriate application made in conformity with this article; and

2. Upon probable cause to believe that a particularly described person is committing, has committed, or is about to commit a particular designated offense; and

3. Upon probable cause to believe that particular communications concerning such offense will be obtained through eavesdropping, or upon probable cause to believe that particular observations concerning such offense will be obtained through video surveillance; and

4. Upon a showing that normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous to employ; and

5. Upon probable cause to believe that the facilities from which, or the place where, the communications are to be intercepted or the video surveillance is to be conducted, are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/700.15

In plain English

A court may issue an eavesdropping or video-surveillance warrant only when every listed condition is met:

(1) The application complies with this article.
(2) There is probable cause that a specifically described person committed, is committing, or is about to commit a designated offense.
(3) There is probable cause that the surveillance will obtain particular communications or observations about that offense. ★
(4) Normal investigative methods have failed, are unlikely to work, or are too dangerous.
(5) There is probable cause that the target facility or place is or will be used for the offense, or is leased to, listed to, or commonly used by the described person.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.