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                  ARTICLE 140--ARREST WITHOUT A WARRANT
Section 140.05 Arrest without a warrant; in general.
        140.10 Arrest  without  a  warrant;  by police officer; when and
                 where authorized.
        140.15 Arrest without a warrant; when and  how  made  by  police
                 officer.
        140.20 Arrest  without  a  warrant;  procedure  after  arrest by
                 police officer.
        140.25 Arrest without a warrant; by peace officer.
        140.27 Arrest without a warrant; when and  how  made;  procedure
                 after arrest by peace officer.
        140.30 Arrest  without  a warrant; by any person; when and where
                 authorized.
        140.35 Arrest without a warrant; by person acting other than  as
                 a police officer or a peace officer; when and how made.
        140.40 Arrest  without a warrant; by person acting other than as
                 a police officer or a peace  officer;  procedure  after
                 arrest.
        140.45 Arrest without a warrant; dismissal of insufficient local
                 criminal court accusatory instrument.
        140.50 Temporary questioning of persons in public places; search
                 for weapons.
        140.55 Arrest  without  a  warrant;  by  peace officers of other
                 states for offense  committed  outside  state;  uniform
                 close pursuit act.


S 140.05  Arrest without a warrant; in general.
  A person who has committed or is believed to have committed an offense
and who is at liberty within the state may, under circumstances
prescribed in this article, be arrested for such offense although no
warrant of arrest therefor has been issued and although no criminal
action therefor has yet been commenced in any criminal court.


S 140.10 Arrest without a warrant; by police officer; when and where authorized.
  1.  Subject to the provisions of subdivision two, a police officer may
arrest a person for:
  (a)  Any offense when he has reasonable cause to believe that such
person has committed such offense in his presence; and
  (b)  A crime when he has reasonable cause to believe that such person
has committed such crime, whether in his presence or otherwise.
  2.  A police officer may arrest a person for a petty offense, pursuant
to subdivision one, only when:
  (a)  Such offense was committed or believed by him to have been
committed within the geographical area of such police officer`s
employment; and
  (b)  Such arrest is made in the county in which such offense was
committed or believed to have been committed or in an adjoining county;
except that the police officer may follow such person in continuous
close pursuit, commencing either in the county in which the offense was
or is believed to have been committed or in an adjoining county, in and
through any county of the state, and may arrest him in any county in
which he apprehends him.
  3.  A police officer may arrest a person for a crime, pursuant to
subdivision one, whether or not such crime was committed within the
geographical area of such police officer`s employment, and he may make
such arrest within the state, regardless of the situs of the commission
of the crime.  In addition, he may, if necessary, pursue such person
outside the state and may arrest him in any state the laws of which
contain provisions equivalent to those of section 140.55.
  * 4. Notwithstanding any other provisions of this section, a police
officer shall arrest a person, and shall not attempt to reconcile the
parties or mediate, where such officer has reasonable cause to believe
that:
  (a) a felony, other than subdivision three, four, nine or ten of
section 155.30 of the penal law, has been committed by such person
against a member of the same family or household, as member of the same
family or household is defined in subdivision one of section 530.11 of
this chapter; or
  (b) a duly served order of protection is in effect, or an order of
which the respondent or defendant has actual knowledge because he or she
was present in court when such order was issued, where the order appears
to have been issued by a court of competent jurisdiction of this or
another state, territorial or tribal jurisdiction; and
  (i) Such order directs that the respondent or defendant stay away from
persons on whose behalf the order of protection has been issued and the
respondent or defendant committed an act or acts in violation of such
"stay away" provision of such order; or
  (ii) The respondent or defendant commits a family offense as defined
in subdivision one of section eight hundred twelve of the family court
act or subdivision one of section 530.11 of this chapter in violation of
such order of protection.
  The provisions of this subdivision shall apply only to orders of
protection issued pursuant to sections two hundred forty and two hundred
fifty-two of the domestic relations law, articles four, five, six and
eight of the family court act and section 530.12 of this chapter and to
orders of protection issued by courts of competent jurisdiction in
another state, territorial or tribal jurisdiction. In determining
whether reasonable cause exits to make an arrest for a violation of an
order issued by a court of another state, territorial or tribal
jurisdiction, the officer shall consider, among other factors, whether
the order, if available, appears to be valid on its face or whether a
record of the order exists on the statewide registry of orders of
protection and warrants established pursuant to section two hundred
twenty-one-a of the executive law or the protection order file
maintained by the national crime information center; provided, however,
that entry of the order of protection into the statewide registry or the
national protection order file shall not be required for enforcement of
the order; or
  (c) a misdemeanor constituting a family offense, as described in
subdivision one of section 530.11 of this chapter and section eight
hundred twelve of the family court act, has been committed by such
person against such family or household member, unless the victim
requests otherwise. The officer shall neither inquire as to whether the
victim seeks an arrest of such person nor threaten the arrest of any
person for the purpose of discouraging requests for police intervention.
Notwithstanding the foregoing, when an officer has reasonable cause to
believe that more than one family or household member has committed such
a misdemeanor, the officer is not required to arrest each such person.
In such circumstances, the officer shall attempt to identify and arrest
the primary physical aggressor after considering: (i) the comparative
extent of any injuries inflicted by and between the parties; (ii)
whether any such person is threatening or has threatened future harm
against another party or another family or household member; (iii)
whether any such person has a prior history of domestic violence that
the officer can reasonably ascertain; and (iv) whether any such person
acted defensively to protect himself or herself from injury. The officer
shall evaluate each complaint separately to determine who is the primary
physical aggressor and shall not base the decision to arrest or not to
arrest on the willingness of a person to testify or otherwise
participate in a judicial proceeding.
  Nothing contained in this subdivision shall be deemed to (a) require
the arrest of any person when the officer reasonably believes the
person`s conduct is justifiable under article thirty-five of title C of
the penal law; or (b) restrict or impair the authority of any
municipality, political subdivision, or the division of state police
from promulgating rules, regulations and policies requiring the arrest
of persons in additional circumstances where domestic violence has
allegedly occurred.
  No cause of action for damages shall arise in favor of any person by
reason of any arrest made by a police officer pursuant to this
subdivision, except as provided in sections seventeen and eighteen of
the public officers law and sections fifty-k, fifty-l, fifty-m and
fifty-n of the general municipal law, as appropriate.
* NB Repealed September 1, 2013
5.  Upon  investigating a report of a crime or offense between members
of the same family or household as such terms  are  defined  in  section
530.11  of  this  chapter and section eight hundred twelve of the family
court act, a law enforcement officer shall prepare and  file  a  written
report  of the incident, on a form promulgated pursuant to section eight
hundred thirty-seven of the executive law, including statements made  by
the  victim  and  by  any  witnesses,  and  make  any additional reports
required by local law enforcement policy  or  regulations.  Such  report
shall  be  prepared  and  filed,  whether  or not an arrest is made as a
result of the officers' investigation, and shall be retained by the  law
enforcement  agency  for a period of not less than four years. Where the
reported incident involved an offense committed against a person who  is
sixty-five  years  of age or older a copy of the report required by this
subdivision shall be sent to  the  New  York  state  committee  for  the
coordination  of police services to elderly persons established pursuant
to section eight hundred forty-four-b of the executive  law.  Where  the
reported  incident  involved an offense committed by an individual known
by  the  law  enforcement  officer  to  be  under  probation  or  parole
supervision,  he  or  she shall transmit a copy of the report as soon as
practicable to the supervising probation department or the department of
corrections and community supervision.

S 140.15  Arrest without a warrant; when and how made by police officer.
  1.  A police officer may arrest a person for an offense, pursuant to
section 140.10, at any hour of any day or night.
  2.  The arresting police officer must inform such person of his
authority and purpose and of the reason for such arrest unless he
encounters physical resistance, flight or other factors rendering such
procedure impractical.
  3.  In order to effect such an arrest, such police officer may use
such physical force as is justifiable pursuant to section 35.30 of the
penal law.
  4.  In order to effect such an arrest, a police officer may enter
premises in which he reasonably believes such person to be present,
under the same circumstances and in the same manner as would be
authorized, by the provisions of subdivisions four and five of section
120.80, if he were attempting to make such arrest pursuant to a warrant
of arrest.

S 140.20  Arrest without a warrant; procedure after arrest by police officer.
  1.  Upon arresting a person without a warrant, a police officer, after
performing without unnecessary delay all recording, fingerprinting and
other preliminary police duties required in the particular case, must
except as otherwise provided in this section, without unnecessary delay
bring the arrested person or cause him to be brought before a local
criminal court and file therewith an appropriate accusatory instrument
charging him with the offense or offenses in question.  The arrested
person must be brought to the particular local criminal court, or to one
of them if there be more than one, designated in section 100.55 as an
appropriate court for commencement of the particular action; except
that:
  (a)  If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law  committed in a town, but not in a village
thereof having a village court, and the town court of such town is not
available at the time, the arrested person may be brought before the
local criminal court of any village within such town or, any adjoining
town, village embraced in whole or in part by such adjoining town, or
city of the same county; and
  (b)  If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law committed in a village having a village court
and such court is not available at the time, the arrested person may be
brought before the town court of the town embracing such village or any
other village court within such town, or, if such town or village court
is not available either, before the local criminal court of any
adjoining town, village embraced in whole or in part by such adjoining
town, or city of the same county; and
  (c) If the arrest is for an offense committed in a city, and the city
court thereof is not available at the time, the arrested person may be
brought before the local criminal court of any adjoining town or
village, or village court embraced by an adjoining town, within the same
county as such city; and
  (d)  If the arrest is for a traffic infraction or for a misdemeanor
relating to traffic, the police officer may, instead of bringing the
arrested person before the local criminal court of the political
subdivision or locality in which the offense was allegedly committed,
bring him before the local criminal court of the same county nearest
available by highway travel to the point of arrest.
  2.  If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, the arrested person need not be brought
before a local criminal court as provided in subdivision one, and the
procedure may instead be as follows:
  (a)  A police officer may issue and serve an appearance ticket upon
the arrested person and release him from custody, as prescribed in
subdivision two of section 150.20; or
  (b)  The desk officer in charge at a police station, county jail or
police headquarters, or any of his superior officers, may, in such place
fix pre-arraignment bail and, upon deposit thereof, issue and serve an
appearance ticket upon the arrested person and release him from custody,
as prescribed in section 150.30.
  3.  If (a) the arrest is for an offense other than a class A, B, C or
D felony or a violation of section 130.25, 130.40, 205.10, 205.17,
205.19 or 215.56 of the penal law, and (b) owing to unavailability of a
local criminal court the arresting police officer is unable to bring the
arrested person before such a court with reasonable promptness, either
an appearance ticket must be served unconditionally upon the arrested
person or pre-arraignment bail must be fixed, as prescribed in
subdivision two.  If pre-arraignment bail is fixed but not posted, such
arrested person may be temporarily held in custody but must be brought
before a local criminal court without unnecessary delay.  Nothing
contained in this subdivision requires a police officer to serve an
appearance ticket upon an arrested person or release him from custody at
a time when such person appears to be under the influence of alcohol,
narcotics or other drug to the degree that he may endanger himself or
other persons.
  4.  If after arresting a person, for any offense, a police officer
upon further investigation or inquiry determines or is satisfied that
there is not reasonable cause to believe that the arrested person
committed such offense or any other offense based upon the conduct in
question, he need not follow any of the procedures prescribed in
subdivisions one, two and three, but must immediately release such
person from custody.
  5.  Before service of an appearance ticket upon an arrested person
pursuant to subdivision two or three, the issuing police officer must,
if the offense designated in such appearance ticket is one of those
specified in subdivision one of section 160.10, cause such person to be
fingerprinted in the same manner as would be required were no appearance
ticket to be issued or served.
  6.  Upon arresting a juvenile offender without a warrant, the police
officer shall immediately notify the parent or other person legally
responsible for his care or the person with whom he is domiciled, that
the juvenile offender has been arrested, and the location of the
facility where he is being detained.

S 140.25  Arrest without a warrant; by peace officer.
  1.  A peace officer, acting pursuant to his special duties, may arrest
a person for:
  (a)  Any offense when he has reasonable cause to believe that such
person has committed such offense in his presence; and
  (b)  A crime when he has reasonable cause to believe that such person
has committed such crime, whether in his presence or otherwise.
  2.  A peace officer acts "pursuant to his special duties" in making an
arrest only when the arrest is for:
  (a)  An offense defined by a statute which such peace officer, by
reason of the specialized nature of his particular employment or by
express provision of law, is required or authorized to enforce; or
  (b)  An offense committed or reasonably believed by him to have been
committed in such manner or place as to render arrest of the offender by
such peace officer under the particular circumstances an integral part
of his specialized duties.
  3.  A peace officer, whether or not he is acting pursuant to his
special duties, may arrest a person for an offense committed or believed
by him to have been committed within the geographical area of such peace
officer`s employment, as follows:
  (a)  He may arrest such person for any offense when such person has in
fact committed such offense in his presence; and
  (b)  He may arrest such person for a felony when he has reasonable
cause to believe that such person has committed such felony, whether in
his presence or otherwise.
  4.  A peace officer, when outside the geographical area of his
employment, may, anywhere in the state, arrest a person for a felony
when he has reasonable cause to believe that such person has there
committed such felony in his presence, provided that such arrest is made
during or immediately after the allegedly criminal conduct or during the
alleged perpetrator`s immediate flight therefrom.
  5.  For the purposes of this section, the "geographical area of
employment" of a peace officer is as follows:
  (a)  The "geographical area of employment" of any peace officer
employed as such by any agency of the state consists of the entire
state;
  (b)  The "geographical area of employment" of any peace officer
employed as such by an agency of a county, city, town or village
consists of (i) such county, city, town or village, as the case may be,
and (ii) any other place where he is, at a particular time, acting in
the course of his particular duties or employment;
  (c) The "geographical area of employment" of any peace officer
employed as such by any private organization consists of any place in
the state where he is, at a particular time, acting in the course of his
particular duties or employment.

S 140.27  Arrest without a warrant; when and how made; procedure after arrest by 
          peace officer.
  1.  The rules governing the manner in which a peace officer may make
an arrest, pursuant to section 140.25, are the same as those governing
arrests by police officers, as prescribed in section 140.15.
  2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three, must without unnecessary
delay bring him or cause him to be brought before a local criminal
court, as provided in section 100.55 and subdivision one of section
140.20, and must without unnecessary delay file or cause to be filed
therewith an appropriate accusatory instrument.  If the offense which is
the subject of the arrest is one of those specified in subdivision one
of section 160.10, the arrested person must be fingerprinted and
photographed as therein provided.  In order to execute the required
post-arrest functions, such arresting peace officer may perform such
functions himself or he may enlist the aid of a police officer for the
performance thereof in the manner provided in subdivision one of section
140.20.
  3.  If (a) the arrest is for an offense other than a class A, B, C or
D felony or a violation of section 130.25, 130.40, 205.10, 205.17,
205.19 or 215.56 of the penal law and (b) owing to unavailability of a
local criminal court such peace officer is unable to bring or cause the
arrested person to be brought before such a court with reasonable
promptness, the arrested person must be brought to an appropriate police
station, county jail or police headquarters where he must be dealt with
in the manner prescribed in subdivision three of section 140.20, as if
he had been arrested by a police officer.
  4. If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, the arrested person need not be brought
before a local criminal court as provided in subdivision two, and the
procedure may instead be as follows:
  (a) The arresting peace officer, where he is specially authorized by
law to issue and serve an appearance ticket, may issue and serve an
appearance ticket upon the arrested person and release him from custody;
or
  (b) The arresting peace officer, where he is not specially authorized
by law to issue and serve an appearance ticket, may enlist the aid of a
police officer and request that such officer issue and serve an
appearance ticket upon the arrested person, and upon such issuance and
service the latter must be released from custody.
  5.  Upon arresting a juvenile offender without a warrant, the peace
officer shall immediately notify the parent or other person legally
responsible for his care or the person with whom he is domiciled, that
the juvenile offender has been arrested, and the location of the
facility where he is being detained.

S 140.30 Arrest without a warrant; by any person; when and where authorized.
  1.  Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
  2.  Such an arrest, if for a felony, may be made anywhere in the
state.  If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.

S 140.35 Arrest without a warrant; by person acting other than as a police officer
         or a peace officer; when and how made.
  1.  A person may arrest another person for an offense pursuant to
section 140.30 at any hour of any day or night.
  2.  Such person must inform the person whom he is arresting of the
reason for such arrest unless he encounters physical resistance, flight
or other factors rendering such procedure impractical.
  3.  In order to effect such an arrest, such person may use such
physical force as is justifiable pursuant to subdivision four of section
35.30 of the penal law.

S 140.40  Arrest without a warrant; by person acting other than as a police officer
          or a peace officer; procedure after arrest.
  1.  A person making an arrest pursuant to section 140.30 must without
unnecessary delay deliver or attempt to deliver the person arrested to
the custody of an appropriate police officer, as defined in subdivision
five.  For such purpose, he may solicit the aid of any police officer
and the latter, if he is not himself an appropriate police officer, must
assist in delivering the arrested person to an appropriate officer.  If
the arrest is for a felony, the appropriate police officer must, upon
receiving custody of the arrested person, perform all recording,
fingerprinting and other preliminary police duties required in the
particular case.  In any case, the appropriate police officer, upon
receiving custody of the arrested person, except as otherwise provided
in subdivisions two and three, must bring him, on behalf of the
arresting person, before an appropriate local criminal court, as defined
in subdivision five, and the arresting person must without unnecessary
delay file an appropriate accusatory instrument with such court.
  2. If (a) the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law and (b) owing to unavailability of a local
criminal court the appropriate police officer having custody of the
arrested person is unable to bring him before such a court with
reasonable promptness, the arrested person must be dealt with in the
manner prescribed in subdivision three of section 140.20, as if he had
been arrested by a police officer.
  3.  If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, the arrested person need not be brought
before a local criminal court, as provided in subdivision one, and the
procedure may instead be as follows:
  (a)  An appropriate police officer may issue and serve an appearance
ticket upon the arrested person and release him from custody, as
prescribed in subdivision two of section 150.20; or
  (b)  The desk officer in charge at the appropriate police officer`s
station, county jail or police headquarters, or any of his superior
officers, may, in such place, fix pre-arraignment bail and, upon deposit
thereof, issue and serve an appearance ticket upon the arrested person
and release him from custody, as prescribed in section 150.30.
  4.  Notwithstanding any other provision of this section, a police
officer is not required to take an arrested person into custody or to
take any other action prescribed in this section on behalf of the
arresting person if he has reasonable cause to believe that the arrested
person did not commit the alleged offense or that the arrest was
otherwise unauthorized.
  5.  If a police officer takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his care or the person with whom he is
domiciled, that the juvenile offender has been arrested, and the
location of the facility where he is being detained.
  6.  As used in this section:
  (a)  An "appropriate police officer" means one who would himself be
authorized to make the arrest in question as a police officer pursuant
to section 140.10;
  (b)  An "appropriate local criminal court" means one with which an
accusatory instrument charging the offense in question may properly be
filed pursuant to the provisions of section 100.55.

S 140.45 Arrest without a warrant; dismissal of insufficient local criminal court
         accusatory instrument.
  If a local criminal court accusatory instrument filed with a local
criminal court pursuant to section 140.20, 140.25 or 140.40 is not
sufficient on its face, as prescribed in section 100.40, and if the
court is satisfied that on the basis of the available facts or evidence
it would be impossible to draw and file an accusatory instrument which
is sufficient on its face, it must dismiss such accusatory instrument
and discharge the defendant.

S 140.50 Temporary questioning of persons in public places; search for weapons.
  1. In addition to the authority provided by this article for making an
arrest without a warrant, a police officer may stop a person in a public
place located within the geographical area of such officer`s employment
when he reasonably suspects that such person is committing, has
committed or is about to commit either (a) a felony or (b) a misdemeanor
defined in the penal law, and may demand of him his name, address and an
explanation of his conduct.
  2. Any person who is a peace officer and who provides security
services for any court of the unified court system may stop a person in
or about the courthouse to which he is assigned when he reasonably
suspects that such person is committing, has committed or is about to
commit either (a) a felony or (b) a misdemeanor defined in the penal
law, and may demand of him his name, address and an explanation of his
conduct.
  3. When upon stopping a person under circumstances prescribed in
subdivisions one and two a police officer or court officer, as the case
may be, reasonably suspects that he is in danger of physical injury, he
may search such person for a deadly weapon or any instrument, article or
substance readily capable of causing serious physical injury and of a
sort not ordinarily carried in public places by law-abiding persons. If
he finds such a weapon or instrument, or any other property possession
of which he reasonably believes may constitute the commission of a
crime, he may take it and keep it until the completion of the
questioning, at which time he shall either return it, if lawfully
possessed, or arrest such person.

S 140.55 Arrest without a warrant; by peace officers of other states for
         offense committed outside state; uniform close pursuit act.
  1.  As used in this section, the word "state" shall include the
District of Columbia.
  2.  Any peace officer of another state of the United States, who
enters this state in close pursuit and continues within this state in
such close pursuit of a person in order to arrest him, shall have the
same authority to arrest and hold in custody such person on the ground
that he has committed a crime in another state which is a crime under
the laws of the state of New York, as police officers of this state have
to arrest and hold in custody a person on the ground that he has
committed a crime in this state.
  3.  If an arrest is made in this state by an officer of another state
in accordance with the provisions of subdivision two, he shall without
unnecessary delay take the person arrested before a local criminal court
which shall conduct a hearing for the sole purpose of determining if the
arrest was in accordance with the provisions of subdivision two, and not
of determining the guilt or innocence of the arrested person.  If such
court determines that the arrest was in accordance with such
subdivision, it shall commit the person arrested to the custody of the
officer making the arrest, who shall without unnecessary delay take him
to the state from which he fled.  If such court determines that the
arrest was unlawful, it shall discharge the person arrested.
  4.  This section shall not be construed so as to make unlawful any
arrest in this state which would otherwise be lawful.
  5.  Upon the taking effect of this section it shall be the duty of the
secretary of state to certify a copy of this section to the executive
department of each of the states of the United States.
  6.  This section shall apply only to peace officers of a state which
by its laws has made similar provision for the arrest and custody of
persons closely pursued within the territory thereof.
  7.  If any part of this section is for any reason declared void, it is
declared to be the intent of this section that such invalidity shall not
affect the validity of the remaining portions of this section.
  8.  This section may be cited as the uniform act on close pursuit.