2019 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 140 - Arrest Without a Warrant
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, 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 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, 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 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.
