700.65 - Eavesdropping and video surveillance warrants; disclosure and use of information; order of amendment.

§ 700.65 Eavesdropping  and  video surveillance warrants; disclosure and               use of information; order of amendment.    1.  Any law enforcement officer who, by any means authorized  by  this  article,  has  obtained  knowledge  of  the  contents of any intercepted  communication or video surveillance, or evidence derived therefrom,  may  disclose  such contents to another law enforcement officer to the extent  that such disclosure is appropriate to the  proper  performance  of  the  official duties of the officer making or receiving the disclosure.    2.    Any law enforcement officer who, by any means authorized by this  article, has obtained knowledge  of  the  contents  of  any  intercepted  communication  or video surveillance, or evidence derived therefrom, may  use such contents to the extent such use is appropriate  to  the  proper  performance of his official duties.    3.    Any  person  who  has  received, by any means authorized by this  article,  any  information   concerning   a   communication   or   video  surveillance, or evidence derived therefrom, intercepted or conducted in  accordance  with  the  provisions  of  this  article,  may  disclose the  contents of that communication or video surveillance, or such derivative  evidence, while giving testimony under oath in any  criminal  proceeding  in  any  court,  in any grand jury proceeding or in any action commenced  pursuant to article thirteen-A or thirteen-B of the civil  practice  law  and rules; provided, however, that the presence of the seal provided for  by  subdivision  two of section 700.50, or a satisfactory explanation of  the absence thereof, shall be a prerequisite for the use  or  disclosure  of  the contents of any communication or video surveillance, or evidence  derived therefrom; and provided further, however, that where a  criminal  court  of competent jurisdiction has ordered exclusion or suppression of  the contents of an intercepted communication or video  surveillance,  or  evidence  derived  therefrom,  such determination shall be binding in an  action commenced pursuant to article thirteen-A  or  thirteen-B  of  the  civil practice law and rules.    4.  When  a  law  enforcement  officer,  while engaged in intercepting  communications or conducting video surveillance in the manner authorized  by this article, intercepts a  communication  or  makes  an  observation  which  was  not  otherwise  sought and which constitutes evidence of any  crime that has been, is being or is about to be committed, the  contents  of  such  communications or observation, and evidence derived therefrom,  may be disclosed or used as provided in subdivisions one and two.   Such  contents   and   any  evidence  derived  therefrom  may  be  used  under  subdivision three when a  justice  amends  the  eavesdropping  or  video  surveillance  warrant to include such contents. The application for such  amendment must be made by the applicant as soon as practicable by giving  notice to the court of the interception  of  the  communication  or  the  making  of  the  observation and of the contents of such interception or  observation; provided that during the period in which the  eavesdropping  or  video  surveillance  is continuing, such notice must be given within  ten days after probable cause exists to believe that a crime  not  named  in  the  warrant  has been, is being, or is about to be committed, or at  the time an application for an order of extension is  made  pursuant  to  section  700.40  of  this  article,  if such probable cause then exists,  whichever is earlier.   If the justice finds  that  such  contents  were  otherwise intercepted in accordance with the provisions of this article,  he may grant the application.