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New York Criminal Procedure - Article 140 - § 140.27 Arrest Without a Warrant; When and How Made; Procedure After Arrest by Peace Officer

Legal Research Home > New York Laws > New York Criminal Procedure (CPL) > New York Criminal Procedure - Article 140 - § 140.27 Arrest Without a Warrant; When and How Made; Procedure After Arrest by Peace Officer

 
  §  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.

Last modified: February 15, 2012