N.Y. Criminal Procedure Law § 140.40: Arrest without a warrant; by person acting other than as a police officer or a peace officer; procedure after arrest

§ 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, 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 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, 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 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 or a person

sixteen or commencing October first, two thosuand nineteen, seventeen

years of age into custody, the police 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 the

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

he or she 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.

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.