Statute:

Search warrants; in general; definition

ยง 690.05 Search warrants; in general; definition.

1. Under circumstances prescribed in this article, a local criminal
court may, upon application of a police officer, a district attorney or
other public servant acting in the course of his official duties, issue
a search warrant.

2. A search warrant is a court order and process directing a police
officer to conduct:

(a) a search of designated premises, or of a designated vehicle, or of
a designated person, for the purpose of seizing designated property or
kinds of property, and to deliver any property so obtained to the court
which issued the warrant; or

(b) a search of a designated premises for the purpose of searching for
and arresting a person who is the subject of: (i) a warrant of arrest
issued pursuant to this chapter, a superior court warrant of arrest
issued pursuant to this chapter, or a bench warrant for a felony issued
pursuant to this chapter, where the designated premises is the dwelling
of a third party who is not the subject of the arrest warrant; or

(ii) a warrant of arrest issued by any other state or federal court
for an offense which would constitute a felony under the laws of this
state, where the designated premises is the dwelling of a third party
who is not the subject of the arrest warrant.

CPL 690.05 2014-09-22

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