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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 140.25: Arrest without a warrant; by peace officer

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title H. Preliminary Proceedings In Local Criminal Court
  4. Article 140. Arrest Without a Warrant

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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