{"jurisdiction": "us-ny", "code": "cpl", "section": "700.35", "citation": "CPL § 700.35", "heading": "Eavesdropping and video surveillance warrants; manner and time of execution", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/700.35", "from_official_api": true, "plain_english": "The authorized agency must execute a surveillance warrant according to its terms, record what it captures securely, and stop when authority ends.\n\n- **(1)** The warrant must be executed by a **law enforcement officer who is a member of the agency named in the warrant**.\n- **(2)** When authority ends, surveillance **must stop**, and as soon as practicable any device must be **removed or permanently inactivated** by means the issuing justice approves; entry to do so is **deemed authorized** by the warrant. ★\n- **(3)** Intercepted communications and observations must, **if possible, be recorded** on tape, wire or a comparable device in a way that **protects the recording from editing or alteration**.\n- **(4)** If a communication is in **code or a foreign language** and an expert cannot reasonably be obtained during the interception period, the **§ 700.30(7)** minimization may be done **as soon as practicable afterward**, if the warrant so authorizes and in the manner it specifies.\n- **(5)** A service provider's **good-faith reliance** on a court order under this article is a **complete defense** to any civil or criminal action based solely on failure to comply with this article. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/700.35", "publisher": "Elyphived LLC"}