2023 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 700 - Eavesdropping and Video Surveillance Warrants › 700.20 - Eavesdropping and Video Surveillance Warrants; Application.

§ 700.20  Eavesdropping and video surveillance warrants; application.
1.  An ex parte application for an eavesdropping or video surveillance
warrant  must  be  made  to  a justice in writing, except as provided in
section 700.21 of this article, and must be subscribed and sworn  to  by
an applicant.
2.  The application must contain:
(a)   The identity of the applicant and a statement of the applicant's
authority to make such application; and
(b)  A full and complete statement  of  the  facts  and  circumstances
relied   upon   by   the  applicant,  to  justify  his  belief  that  an
eavesdropping or video surveillance warrant should be issued,  including
(i)  a  statement of facts establishing probable cause to believe that a
particular designated offense has been, is being,  or  is  about  to  be
committed,  (ii)  a particular description of the nature and location of
the facilities from which or the place where the communication is to  be
intercepted  or  the  video  surveillance  is  to  be conducted, (iii) a
particular description of the type of the communications  sought  to  be
intercepted  or  of  the  observations  sought  to be made, and (iv) the
identity of the person, if known, committing such designated offense and
whose communications are to be intercepted or who is to be  the  subject
of the video surveillance; and
(c)    A  statement  that  such communications or observations are not
otherwise legally privileged; and
(d)  A full and complete statement of facts establishing  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, to obtain the evidence sought; and
(e)   A statement of the period of time for which the eavesdropping or
video surveillance is required to be maintained.  If the nature  of  the
investigation  is such that the authorization for eavesdropping or video
surveillance should not automatically terminate when the described  type
of  communication  has been first obtained or when the described type of
observation has been first  made,  a  particular  description  of  facts
establishing probable cause to believe that additional communications or
observations of the same type will occur thereafter; and
(f)    A  full  and  complete  statement  of  the facts concerning all
previous applications, known to the applicant, for an  eavesdropping  or
video surveillance warrant involving any of the same persons, facilities
or  places  specified  in  the  application, and the action taken by the
justice on each such application.
3.  Allegations of fact in the application may be  based  either  upon
the  personal knowledge of the applicant or upon information and belief.
If the applicant personally knows the  facts  alleged,  it  must  be  so
stated.   If the facts stated in the application are derived in whole or
part from the statements  of  persons  other  than  the  applicant,  the
sources  of  such  facts  must be either disclosed or described, and the
application  must  contain  facts   establishing   the   existence   and
reliability  of  the  informants  or  the reliability of the information
supplied by them.  The application must also state, so far as  possible,
the basis of the informant's knowledge or belief.  Affidavits of persons
other  than  the  applicant  may  be  submitted  in conjunction with the
application if they tend to  support  any  fact  or  conclusion  alleged
therein.    Such accompanying affidavits may be based either on personal
knowledge of the affiant, or information  and  belief  with  the  source
thereof and the reason therefor specified.