New York statute
N.Y. Criminal Procedure Law § 700.21 — Temporary authorization for eavesdropping or video surveillance in emergency situations
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 700: Eavesdropping and Video Surveillance Warrants, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 700.21
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.