Legislation
SECTION 140.55
Arrest without a warrant; by peace officers of other states for offense committed outside state; uniform close pursuit act
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 140
§ 140.55 Arrest without a warrant; by peace officers of other states for
offense committed outside state; uniform close pursuit act.
1. As used in this section, the word "state" shall include the
District of Columbia.
2. Any peace officer of another state of the United States, who
enters this state in close pursuit and continues within this state in
such close pursuit of a person in order to arrest him, shall have the
same authority to arrest and hold in custody such person on the ground
that he has committed a crime in another state which is a crime under
the laws of the state of New York, as police officers of this state have
to arrest and hold in custody a person on the ground that he has
committed a crime in this state.
3. If an arrest is made in this state by an officer of another state
in accordance with the provisions of subdivision two, he shall without
unnecessary delay take the person arrested before a local criminal court
which shall conduct a hearing for the sole purpose of determining if the
arrest was in accordance with the provisions of subdivision two, and not
of determining the guilt or innocence of the arrested person. If such
court determines that the arrest was in accordance with such
subdivision, it shall commit the person arrested to the custody of the
officer making the arrest, who shall without unnecessary delay take him
to the state from which he fled. If such court determines that the
arrest was unlawful, it shall discharge the person arrested.
4. This section shall not be construed so as to make unlawful any
arrest in this state which would otherwise be lawful.
5. Upon the taking effect of this section it shall be the duty of the
secretary of state to certify a copy of this section to the executive
department of each of the states of the United States.
6. This section shall apply only to peace officers of a state which
by its laws has made similar provision for the arrest and custody of
persons closely pursued within the territory thereof.
7. If any part of this section is for any reason declared void, it is
declared to be the intent of this section that such invalidity shall not
affect the validity of the remaining portions of this section.
8. This section may be cited as the uniform act on close pursuit.
offense committed outside state; uniform close pursuit act.
1. As used in this section, the word "state" shall include the
District of Columbia.
2. Any peace officer of another state of the United States, who
enters this state in close pursuit and continues within this state in
such close pursuit of a person in order to arrest him, shall have the
same authority to arrest and hold in custody such person on the ground
that he has committed a crime in another state which is a crime under
the laws of the state of New York, as police officers of this state have
to arrest and hold in custody a person on the ground that he has
committed a crime in this state.
3. If an arrest is made in this state by an officer of another state
in accordance with the provisions of subdivision two, he shall without
unnecessary delay take the person arrested before a local criminal court
which shall conduct a hearing for the sole purpose of determining if the
arrest was in accordance with the provisions of subdivision two, and not
of determining the guilt or innocence of the arrested person. If such
court determines that the arrest was in accordance with such
subdivision, it shall commit the person arrested to the custody of the
officer making the arrest, who shall without unnecessary delay take him
to the state from which he fled. If such court determines that the
arrest was unlawful, it shall discharge the person arrested.
4. This section shall not be construed so as to make unlawful any
arrest in this state which would otherwise be lawful.
5. Upon the taking effect of this section it shall be the duty of the
secretary of state to certify a copy of this section to the executive
department of each of the states of the United States.
6. This section shall apply only to peace officers of a state which
by its laws has made similar provision for the arrest and custody of
persons closely pursued within the territory thereof.
7. If any part of this section is for any reason declared void, it is
declared to be the intent of this section that such invalidity shall not
affect the validity of the remaining portions of this section.
8. This section may be cited as the uniform act on close pursuit.