N.Y. Criminal Procedure Law § 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 or three-a, 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, former section 130.40, section

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.

3-a. If the arrest is for a juvenile offender or adolescent offender

other than an arrest for violations or traffic infractions, such

offender shall be brought before the youth part of the superior court.

If the youth part is not in session, such offender shall be brought

before the most accessible magistrate designated by the appellate

division of the supreme court in the applicable department to act as a

youth part.

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, former section 130.40, section

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 or a person sixteen or

commencing October first, two thousand nineteen, seventeen years of age

without a warrant, the peace officer shall immediately notify the parent

or other person legally responsible for his or her care or the person

with whom he or she is domiciled, that such offender or person has been

arrested, and the location of the facility where he or she is being

detained. If the officer determines that it is necessary to question a

juvenile offender or such person, the officer must take him or her to a

facility designated by the chief administrator of the courts as a

suitable place for the questioning of children or, upon the consent of a

parent or other person legally responsible for the care of a juvenile

offender or such person, to his or her residence and there question him

or her for a reasonable period of time. A juvenile offender or such

person shall not be questioned pursuant to this section unless the

juvenile offender or such person and a person required to be notified

pursuant to this subdivision, if present, have been advised:

(a) of his or her right to remain silent;

(b) that the statements made by the juvenile offender or such person

may be used in a court of law;

(c) of his or her right to have an attorney present at such

questioning; and

(d) of his or her right to have an attorney provided for him or her

without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the

reasonable period of time for questioning such a juvenile offender or

such person, his or her age, the presence or absence of his or her

parents or other persons legally responsible for his or her care and

notification pursuant to this subdivision shall be included among

relevant considerations.