N.Y. CPL Law § 690.35 — New York Code / Act CPL / Part 3 / Title T / Article 690 / Section 690.35
Search warrants; the application
Status: in_force

§ 690.35 Search warrants; the application.\n  1. An application for a search warrant may be in writing or oral. If\nin writing, it must be made, subscribed and sworn to by a public servant\nspecified in subdivision one of section 690.05. If oral, it must be made\nby such a public servant and sworn to and recorded in the manner\nprovided in section 690.36.\n  2. The application shall be made to:\n  (a) A local criminal court, as defined in section 10.10 of this\nchapter, having preliminary jurisdiction over the underlying offense, or\ngeographical jurisdiction over the location to be searched when the\nsearch is to be made for personal property of a kind or character\ndescribed in section 690.10 of this article except that:\n  (i) if a town court has such jurisdiction but is not available to\nissue the search warrant, the warrant may be issued by the local\ncriminal court of any village within such town or, any adjoining town,\nvillage embraced in whole or in part by such adjoining town, or city of\nthe same county;\n  (ii) if a village court has such jurisdiction but is not available to\nissue the search warrant, the warrant may be issued by the town court of\nthe town embracing such village or any other village court within such\ntown, or, if such town or village court is not available either, before\nthe local criminal court of any adjoining town, village embraced in\nwhole or in part by such adjoining town, or city of the same county; and\n  (iii) if a city court has such jurisdiction  but is not available to\nissue the search warrant, the warrant may be issued by the local\ncriminal court of any adjoining town or village, or village court\nembraced by an adjoining town, within the same county as such city.\n  (b) A local criminal court, as defined in section 10.10 of this\nchapter, with geographical jurisdiction over the location where the\npremises to be searched is located, or which issued the underlying\narrest warrant, when the search warrant is sought pursuant to paragraph\n(b) of subdivision two of section 690.05 of this article, for the\npurpose of arresting a wanted person.\n  Any search warrant issued pursuant to this section shall be subject to\nthe territorial limitations provided by section 690.20 of this article.\n  3. The application must contain:\n  (a) The name of the court and the name and title of the applicant; and\n  (b) A statement that there is reasonable cause to believe that\nproperty of a kind or character described in section 690.10 may be found\nin or upon a designated or described place, vehicle or person, or, in\nthe case of an application for a search warrant as defined in paragraph\n(b) of subdivision two of section 690.05, a statement that there is\nreasonable cause to believe that the person who is the subject of the\nwarrant of arrest may be found in the designated premises; and\n  (c) Allegations of fact supporting such statement. Such allegations of\nfact may be based upon personal knowledge of the applicant or upon\ninformation and belief, provided that in the latter event the sources of\nsuch information and the grounds of such belief are stated. The\napplicant may also submit depositions of other persons containing\nallegations of fact supporting or tending to support those contained in\nthe application; and\n  (d) A request that the court issue a search warrant directing a search\nfor and seizure of the property or person in question; and\n  (e) In the case of an application for a search warrant as defined in\nparagraph (b) of subdivision two of section 690.05, a copy of the\nwarrant of arrest and the underlying accusatory instrument.\n  4. The application may also contain:\n  (a) A request that the search warrant be made executable at any time\nof the day or night, upon the ground that there is reasonable cause to\nbelieve that (i) it cannot be executed between the hours of 6:00 A.M.\nand 9:00 P.M., or (ii) the property sought will be removed or destroyed\nif not seized forthwith, or (iii) in the case of an application for a\nsearch warrant as defined in paragraph (b) of subdivision two of section\n690.05, the person sought is likely to flee or commit another crime, or\nmay endanger the safety of the executing police officers or another\nperson if not seized forthwith or between the hours of 9:00 P.M. and\n6:00 A.M.; and\n  (b) A request that the search warrant authorize the executing police\nofficer to enter premises to be searched without giving notice of his\nauthority and purpose, upon the ground that there is reasonable cause to\nbelieve that (i) the property sought may be easily and quickly destroyed\nor disposed of, or (ii) the giving of such notice may endanger the life\nor safety of the executing officer or another person, or (iii) in the\ncase of an application for a search warrant as defined in paragraph (b)\nof subdivision two of section 690.05 for the purpose of searching for\nand arresting a person who is the subject of a warrant for a felony, the\nperson sought is likely to commit another felony, or may endanger the\nlife or safety of the executing officer or another person.\n  Any request made pursuant to this subdivision must be accompanied and\nsupported by allegations of fact of a kind prescribed in paragraph (c)\nof subdivision two.\n