§ 700.05 Eavesdropping and video surveillance warrants; definitions of\n terms.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Eavesdropping" means "wiretapping", "mechanical overhearing of\nconversation," or the "intercepting or accessing of an electronic\ncommunication", as those terms are defined in section 250.00 of the\npenal law, but does not include the use of a pen register or trap and\ntrace device when authorized pursuant to article 705 of this chapter.\n 2. "Eavesdropping warrant" means an order of a justice authorizing or\napproving eavesdropping.\n 3. "Intercepted communication" means (a) a telephonic or telegraphic\ncommunication which was intentionally overheard or recorded by a person\nother than the sender or receiver thereof, without the consent of the\nsender or receiver, by means of any instrument, device or equipment, or\n(b) a conversation or discussion which was intentionally overheard or\nrecorded, without the consent of at least one party thereto, by a person\nnot present thereat, by means of any instrument, device or equipment; or\n(c) an electronic communication which was intentionally intercepted or\naccessed, as that term is defined in section 250.00 of the penal law.\nThe term "contents," when used with respect to a communication, includes\nany information concerning the identity of the parties to such\ncommunications, and the existence, substance, purport, or meaning of\nthat communication. The term "communication" includes conversation and\ndiscussion.\n 3-a. "Telephonic communication", "electronic communication", and\n"intentionally intercepted or accessed" have the meanings given to those\nterms by subdivisions three, five, and six respectively, of section\n250.00 of the penal law.\n 4. "Justice," except as otherwise provided herein, means any justice\nof an appellate division of the judicial department in which the\neavesdropping warrant is to be executed, or any justice of the supreme\ncourt of the judicial district in which the eavesdropping warrant is to\nbe executed, or any county court judge of the county in which the\neavesdropping warrant is to be executed. When the eavesdropping warrant\nis to authorize the interception of oral communications occurring in a\nvehicle or wire communications occurring over a telephone located in a\nvehicle, "justice" means any justice of the supreme court of the\njudicial department or any county court judge of the county in which the\neavesdropping device is to be installed or connected or of any judicial\ndepartment or county in which communications are expected to be\nintercepted. When such a justice issues such an eavesdropping warrant,\nsuch warrant may be executed and such oral or wire communications may be\nintercepted anywhere in the state.\n 5. "Applicant" means a district attorney or the attorney general or if\nauthorized by the attorney general, the deputy attorney general in\ncharge of the organized crime task force. If a district attorney or the\nattorney general is actually absent or disabled, the term "applicant"\nincludes that person designated to act for him and perform his official\nfunction in and during his actual absence or disability.\n 6. "Law enforcement officer" means any public servant who is empowered\nby law to conduct an investigation of or to make an arrest for a\ndesignated offense, and any attorney authorized by law to prosecute or\nparticipate in the prosecution of a designated offense.\n 7. "Exigent circumstances" means conditions requiring the preservation\nof secrecy, and whereby there is a reasonable likelihood that a\ncontinuing investigation would be thwarted by alerting any of the\npersons subject to surveillance to the fact that such surveillance had\noccurred.\n 8. "Designated offense" means any one or more of the following crimes:\n (a) A conspiracy to commit any offense enumerated in the following\nparagraphs of this subdivision, or an attempt to commit a
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