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