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New York Criminal Procedure Law Section 2.20 - Powers Of Peace Officers.Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 2.20 - Powers Of Peace Officers.
§ 2.20 Powers of peace officers.
1. The persons designated in section 2.10 of this article shall have
the following powers:
(a) The power to make warrantless arrests pursuant to section 140.25
of this chapter.
(b) The power to use physical force and deadly physical force in
making an arrest or preventing an escape pursuant to section 35.30 of
the penal law.
(c) The power to carry out warrantless searches whenever such searches
are constitutionally permissible and acting pursuant to their special
duties.
(d) The power to issue appearance tickets pursuant to subdivision
three of section 150.20 of this chapter, when acting pursuant to their
special duties. New York city special patrolmen shall have the power to
issue an appearance ticket only when it is pursuant to rules and
regulations of the police commissioner of the city of New York.
(e) The power to issue uniform appearance tickets pursuant to article
twenty-seven of the parks, recreation and historic preservation law and
to issue simplified traffic informations pursuant to section 100.25 of
this chapter and section two hundred seven of the vehicle and traffic
law whenever acting pursuant to their special duties.
(f) The power to issue a uniform navigation summons and/or complaint
pursuant to section nineteen of the navigation law whenever acting
pursuant to their special duties.
(g) The power to issue uniform appearance tickets pursuant to article
seventy-one of the environmental conservation law, whenever acting
pursuant to their special duties.
(h) The power to possess and take custody of firearms not owned by the
peace officer, for the purpose of disposing, guarding, or any other
lawful purpose, consistent with his duties as a peace officer.
(i) Any other power which a particular peace officer is otherwise
authorized to exercise by any general, special or local law or charter
whenever acting pursuant to his special duties, provided such power is
not inconsistent with the provisions of the penal law or this chapter.
(j) Uniformed court officers shall have the power to issue traffic
summonses and complaints for parking, standing, or stopping violations
pursuant to the vehicle and traffic law whenever acting pursuant to
their special duties.
2. For the purposes of this section a peace officer acts pursuant to
his special duties when he performs the duties of his office, pursuant
to the specialized nature of his particular employment, whereby he is
required or authorized to enforce any general, special or local law or
charter, rule, regulation, judgment or order.
3. A peace officer, whether or not acting pursuant to his special
duties, who lawfully exercises any of the powers conferred upon him
pursuant to this section, shall be deemed to be acting within the scope
of his public employment for purposes of defense and indemnification
rights and benefits that he may be otherwise entitled to under the
provisions of section fifty-k of the general municipal law, section
seventeen or eighteen of the public officers law, or any other
applicable section of law.
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Last modified: July 30, 2006 |