700.21 - Temporary authorization for eavesdropping or video surveillance in emergency situations.

§ 700.21 Temporary authorization for eavesdropping or video surveillance              in emergency situations.    1. In an emergency situation where imminent danger of death or serious  physical  injury  exists and, under the circumstances, it is impractical  for the applicant to prepare a written application without risk of  such  death  or injury occurring, an application for an eavesdropping or video  surveillance warrant need not be in writing but may be communicated to a  justice by telephone, radio or other means of electronic communication.    2.  Where  an  oral  application  for  an   eavesdropping   or   video  surveillance  warrant  is  made,  the  applicant  therefor must identify  himself and the purpose of his communication or observation, after being  sworn as provided in subdivision three of this section. The  application  must meet the requirements of section 700.20 of this article and provide  the same allegations of fact required by that section.    3. Upon being advised that an oral application for an eavesdropping or  video  surveillance  warrant  is being made, a justice shall place under  oath the applicant and any other person providing information in support  of the application.  Such  oath  or  oaths  and  all  of  the  remaining  communication  must  be  recorded,  either by means of a voice recording  device or verbatim stenographic or verbatim longhand notes. If  a  voice  recording device is used or a stenographic record made, the justice must  have   the   record   transcribed,   certify  to  the  accuracy  of  the  transcription and file the original record and  transcription  with  the  court within twenty-four hours of the issuance of a warrant. If longhand  notes are taken, the justice shall subscribe a copy and file it with the  court within twenty-four hours of the issuance of a warrant.    4.  Upon  oral  application,  the  court  may,  where it finds that an  emergency situation exists and that the requirements of  section  700.15  of  this article have been satisfied, issue a temporary eavesdropping or  video  surveillance   warrant   authorizing   eavesdropping   or   video  surveillance  for  a  period  not  to  exceed  twenty-four  hours.  Such  eavesdropping or video surveillance warrant shall  be  executed  in  the  manner  prescribed  by this article. The twenty-four hour period may not  be extended nor may a temporary warrant be  renewed  except  by  written  application in conformity with the requirements of this article.