NY Crim Pro L § 690.50 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title T - Procedures for Securing Evidence by Means of Court Order and for Suppressing Evidence Unlawfully or Improperly Obtained Article 690 - Search Warrants 690.50 - Search Warrants; Execution Thereof.

§ 690.50  Search warrants; execution thereof.   1.   In executing a search warrant directing a search of premises or a vehicle, a police officer must, except as provided in  subdivision  two, give,  or  make  reasonable  effort to give, notice of his authority and purpose to an occupant thereof before entry and show him the warrant  or a  copy  thereof upon request.  If he is not thereafter admitted, he may forcibly enter such premises or vehicle and may use against  any  person resisting his entry or search thereof as much physical force, other than deadly  physical  force,  as is necessary to execute the warrant; and he may use deadly physical force if  he  reasonably  believes  such  to  be necessary  to  defend  himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.   2.  In executing a search warrant directing a search of premises or  a vehicle,  a  police  officer  need  not  give  notice  to  anyone of his authority and  purpose,  as  prescribed  in  subdivision  one,  but  may promptly enter the same if:  (a)  Such premises or vehicle are at the time unoccupied or reasonably believed by the officer to be unoccupied; or  (b)  The search warrant expressly authorizes entry without notice.   3.  In executing a search warrant directing or authorizing a search of a person, a police officer must give, or make reasonable effort to give, such person notice of his authority and purpose and show him the warrant or  a copy thereof upon request.  If such person, or another, thereafter resists or refuses to permit the search, the officer  may  use  as  much physical  force,  other  than  deadly physical force, as is necessary to execute the warrant;  and  he  may  use  deadly  physical  force  if  he reasonably  believes  such  to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.   4.   Upon seizing property pursuant to  a  search  warrant,  a  police officer  must write and subscribe a receipt itemizing the property taken and containing the name of the court by which the warrant was issued. If property is taken from a person, such receipt  must  be  given  to  such person.    If property is taken from premises or a vehicle, such receipt must be given to the owner, tenant or other person in possession thereof if he is present; or if he is not, the officer must leave such a receipt in the premises or vehicle from which the property was taken.   5.   Upon seizing property pursuant to  a  search  warrant,  a  police officer  must  without unnecessary delay return to the court the warrant and the property, and must file therewith a written  inventory  of  such property, subscribed and sworn to by such officer.   6.  Upon arresting a person during a search for him or her pursuant to a search warrant as defined in  paragraph  (b)  of  subdivision  two  of section  690.05,  a  police  officer  shall comply with the terms of the warrant of arrest, superior court warrant of arrest,  or  bench  warrant for  a felony, and shall proceed in the manner directed by this chapter. Upon arresting such person,  the  police  officer  shall  also,  without unnecessary  delay, file a written statement with the court which issued the search warrant, subscribed and sworn to  by  such  officer,  setting forth  that  the  person  has  been arrested and duly brought before the appropriate court, return to the court  the  warrant  and  the  property seized  in  the  course  of  its execution, and file therewith a written inventory of any such property, subscribed and sworn to by such officer.