N.Y. CPL Law § 690.50 — New York Code / Act CPL / Part 3 / Title T / Article 690 / Section 690.50
Search warrants; execution thereof
Status: in_force

§ 690.50  Search warrants; execution thereof.\n  1.  In executing a search warrant directing a search of premises or a\nvehicle, a police officer must, except as provided in subdivision two,\ngive, or make reasonable effort to give, notice of his authority and\npurpose to an occupant thereof before entry and show him the warrant or\na copy thereof upon request.  If he is not thereafter admitted, he may\nforcibly enter such premises or vehicle and may use against any person\nresisting his entry or search thereof as much physical force, other than\ndeadly physical force, as is necessary to execute the warrant; and he\nmay use deadly physical force if he reasonably believes such to be\nnecessary to defend himself or a third person from what he reasonably\nbelieves to be the use or imminent use of deadly physical force.\n  2.  In executing a search warrant directing a search of premises or a\nvehicle, a police officer need not give notice to anyone of his\nauthority and purpose, as prescribed in subdivision one, but may\npromptly enter the same if:\n  (a)  Such premises or vehicle are at the time unoccupied or reasonably\nbelieved by the officer to be unoccupied; or\n  (b)  The search warrant expressly authorizes entry without notice.\n  3.  In executing a search warrant directing or authorizing a search of\na person, a police officer must give, or make reasonable effort to give,\nsuch person notice of his authority and purpose and show him the warrant\nor a copy thereof upon request.  If such person, or another, thereafter\nresists or refuses to permit the search, the officer may use as much\nphysical force, other than deadly physical force, as is necessary to\nexecute the warrant; and he may use deadly physical force if he\nreasonably believes such to be necessary to defend himself or a third\nperson from what he reasonably believes to be the use or imminent use of\ndeadly physical force.\n  4.  Upon seizing property pursuant to a search warrant, a police\nofficer must write and subscribe a receipt itemizing the property taken\nand containing the name of the court by which the warrant was issued. If\nproperty is taken from a person, such receipt must be given to such\nperson.  If property is taken from premises or a vehicle, such receipt\nmust be given to the owner, tenant or other person in possession thereof\nif he is present; or if he is not, the officer must leave such a receipt\nin the premises or vehicle from which the property was taken.\n  5.  Upon seizing property pursuant to a search warrant, a police\nofficer must without unnecessary delay return to the court the warrant\nand the property, and must file therewith a written inventory of such\nproperty, subscribed and sworn to by such officer.\n  6. Upon arresting a person during a search for him or her pursuant to\na search warrant as defined in paragraph (b) of subdivision two of\nsection 690.05, a police officer shall comply with the terms of the\nwarrant of arrest, superior court warrant of arrest, or bench warrant\nfor a felony, and shall proceed in the manner directed by this chapter.\nUpon arresting such person, the police officer shall also, without\nunnecessary delay, file a written statement with the court which issued\nthe search warrant, subscribed and sworn to by such officer, setting\nforth that the person has been arrested and duly brought before the\nappropriate court, return to the court the warrant and the property\nseized in the course of its execution, and file therewith a written\ninventory of any such property, subscribed and sworn to by such officer.\n