Eavesdropping and video surveillance warrants; form and content

§ 700.30 Eavesdropping and video surveillance warrants; form and content.

An eavesdropping or video surveillance warrant must contain:

1. The name of the applicant, date of issuance, and the subscription and title of the issuing justice; and

2. The identity of the person, if known, whose communications are to be intercepted or who is to be the subject of video surveillance; and

3. The nature and location of the communications facilities as to which, or the place where, authority to intercept or conduct video surveillance is granted; and

4. A particular description of the type of communications sought to be intercepted or of the type of observations to be made, and a statement of the particular designated offense to which it relates; and

5. The identity of the law enforcement agency authorized to intercept the communications or conduct the video surveillance; and

6. The period of time during which such interception or observation is authorized, including a statement as to whether or not the interception or video surveillance shall automatically terminate when the described communication has been first obtained or the described observation has been first made; and

7. A provision that the authorization to intercept or conduct video surveillance shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications or the making of observations not otherwise subject to eavesdropping or video surveillance under this article, and must terminate upon attainment of the authorized objective, or in any event in thirty days; and

8. An express authorization to make secret entry upon a private place or premises to install an eavesdropping or video surveillance device, if such entry is necessary to execute the warrant; and

9. An order authorizing eavesdropping or video surveillance may direct that providers of wire or electronic communication services furnish the applicant information, facilities, or technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider accords the party whose communications are to be intercepted. The order shall not direct the service providers to perform the intercept or use the premises of the service provider for such activity.