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This entry was published on 2019-10-04
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SECTION 140.20
Arrest without a warrant; procedure after arrest by police officer
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 140
§ 140.20 Arrest without a warrant; procedure after arrest by police

officer.

1. Upon arresting a person without a warrant, a police officer, after
performing without unnecessary delay all recording, fingerprinting and
other preliminary police duties required in the particular case, must
except as otherwise provided in this section, without unnecessary delay
bring the arrested person or cause him to be brought before a local
criminal court and file therewith an appropriate accusatory instrument
charging him with the offense or offenses in question. The arrested
person must be brought to the particular local criminal court, or to one
of them if there be more than one, designated in section 100.55 as an
appropriate court for commencement of the particular action; except
that:

(a) 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 committed in a town, but not in a village
thereof having a village court, and the town court of such town is not
available at the time, the arrested person may be brought before the
local criminal court of any village within such town or, any adjoining
town, village embraced in whole or in part by such adjoining town, or
city of the same county; and

(b) 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 committed in a village having a village court
and such court is not available at the time, the arrested person may be
brought before the town court of the town embracing such village or any
other village court within such town, or, if such town or village court
is not available either, before the local criminal court of any
adjoining town, village embraced in whole or in part by such adjoining
town, or city of the same county; and

(c) If the arrest is for an offense committed in a city, and the city
court thereof is not available at the time, the arrested person may be
brought before the local criminal court of any adjoining town or
village, or village court embraced by an adjoining town, within the same
county as such city; and

(d) If the arrest is for a traffic infraction or for a misdemeanor
relating to traffic, the police officer may, instead of bringing the
arrested person before the local criminal court of the political
subdivision or locality in which the offense was allegedly committed,
bring him or her before the local criminal court of the same county
nearest available by highway travel to the point of arrest; and

(e) Notwithstanding any other provision of this section, where a local
criminal court in the county in which the defendant is arrested is
operating an off-hours arraignment part designated in accordance with
paragraph (w) of subdivision one of section two hundred twelve of the
judiciary law at the time of defendant's arrest, the arrested person may
be brought before such local criminal court.

2. 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) A 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 a police 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.

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, 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 arresting police officer is unable to bring the
arrested person before such a court with reasonable promptness, either
an appearance ticket must be served unconditionally upon the arrested
person or pre-arraignment bail must be fixed, as prescribed in
subdivision two. If pre-arraignment bail is fixed but not posted, such
arrested person may be temporarily held in custody but must be brought
before a local criminal court without unnecessary delay. Nothing
contained in this subdivision requires a police officer to serve an
appearance ticket upon an arrested person or release him from custody at
a time when such person appears to be under the influence of alcohol,
narcotics or other drug to the degree that he may endanger himself or
other persons.

4. If after arresting a person, for any offense, a police officer upon
further investigation or inquiry determines or is satisfied that there
is not reasonable cause to believe that the arrested person committed
such offense or any other offense based upon the conduct in question, he
need not follow any of the procedures prescribed in subdivisions one,
two and three, but must immediately release such person from custody.

5. Before service of an appearance ticket upon an arrested person
pursuant to subdivision two or three, the issuing police officer must,
if the offense designated in such appearance ticket is one of those
specified in subdivision one of section 160.10, cause such person to be
fingerprinted in the same manner as would be required were no appearance
ticket to be issued or served.

6. Upon arresting a juvenile offender or a person sixteen or
commencing October first, two thousand nineteen, seventeen years of age
without a warrant, 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 or such person, to his or her residence and there question him
or her for a reasonable period of time. A juvenile 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 the juvenile offender's or such person's right to remain
silent;

(b) that the statements made by him or her 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
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.

7. Upon arresting a person, other than a juvenile offender, for any
offense without a warrant, a police officer shall, upon the arrested
person's request, permit him or her to communicate by telephone provided
by the law enforcement facility where the defendant is held to a phone
number located in the United States or Puerto Rico, for the purposes of
obtaining counsel and informing a relative or friend that he or she has
been arrested, unless granting the call will compromise an ongoing
investigation or the prosecution of the defendant.

8. If the arrest is for a juvenile offender or adolescent offender
other than an arrest for a violation or a traffic infraction, 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.