700.35 - Eavesdropping and video surveillance warrants; manner and time of execution.

§  700.35 Eavesdropping and video surveillance warrants; manner and time               of execution.    1.  An eavesdropping or video surveillance warrant  must  be  executed  according  to  its terms by a law enforcement officer who is a member of  the law enforcement agency authorized in the warrant  to  intercept  the  communications or conduct the video surveillance.    2.      Upon   termination   of  the  authorization  in  the  warrant,  eavesdropping  or  video  surveillance  must  cease  and  as   soon   as  practicable thereafter any device installed for such purpose either must  be removed or must be permanently inactivated  as soon as practicable by  any  means  approved by the issuing justice.  Entry upon a private place  or premise for the removal or permanent inactivation of such  device  is  deemed to be authorized by the warrant.    3.     The  contents  of  any  communication  intercepted  or  of  any  observation made by any  means  authorized  by  this  article  must,  if  possible,  be  recorded on tape or wire or other comparable device.  The  recording of the contents of any such communication or observation  must  be  done in such way as will protect the recording from editing or other  alterations.    4. In the event an intercepted communication is in a code  or  foreign  language,  and  the  services   of an expert in that foreign language or  code cannot reasonably be obtained during the interception period, where  the warrant so  authorizes  and  in  a  manner  specified  therein,  the  minimization  required  by  subdivision  seven of section 700.30 of this  article  may  be  accomplished  as  soon  as  practicable   after   such  interception.    5.  A  good  faith  reliance  by  a  provider  of a wire or electronic  communication service upon the validity of a court order issued pursuant  to this article is a complete defense against any civil cause of  action  or  criminal  action  based  solely  on  a  failure  to comply with this  article.