N.Y. CPL Law § 140.40 — New York Code / Act CPL / Part 2 / Title H / Article 140 / Section 140.40
Arrest without a warrant; by person acting other than as a police officer or a peace officer; procedure after arrest
Status: in_force

§ 140.40 Arrest without a warrant; by person acting other than as a\n             police officer or a peace officer; procedure after arrest.\n  1. A person making an arrest pursuant to section 140.30 must without\nunnecessary delay deliver or attempt to deliver the person arrested to\nthe custody of an appropriate police officer, as defined in subdivision\nfive. For such purpose, he may solicit the aid of any police officer and\nthe latter, if he is not himself an appropriate police officer, must\nassist in delivering the arrested person to an appropriate officer. If\nthe arrest is for a felony, the appropriate police officer must, upon\nreceiving custody of the arrested person, perform all recording,\nfingerprinting and other preliminary police duties required in the\nparticular case. In any case, the appropriate police officer, upon\nreceiving custody of the arrested person, except as otherwise provided\nin subdivisions two and three, must bring him, on behalf of the\narresting person, before an appropriate local criminal court, as defined\nin subdivision five, and the arresting person must without unnecessary\ndelay file an appropriate accusatory instrument with such court.\n  2. If (a) the arrest is for an offense other than a class A, B, C or D\nfelony or a violation of section 130.25, former section 130.40, section\n205.10, 205.17, 205.19 or 215.56 of the penal law and (b) owing to\nunavailability of a local criminal court the appropriate police officer\nhaving custody of the arrested person is unable to bring him before such\na court with reasonable promptness, the arrested person must be dealt\nwith in the manner prescribed in subdivision three of section 140.20, as\nif he had been arrested by a police officer.\n  3. If the arrest is for an offense other than a class A, B, C or D\nfelony or a violation of section 130.25, former section 130.40, section\n205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person\nneed not be brought before a local criminal court, as provided in\nsubdivision one, and the procedure may instead be as follows:\n  (a) An appropriate police officer may issue and serve an appearance\nticket upon the arrested person and release him from custody, as\nprescribed in subdivision two of section 150.20; or\n  (b) The desk officer in charge at the appropriate police officer's\nstation, county jail or police headquarters, or any of his superior\nofficers, may, in such place, fix pre-arraignment bail and, upon deposit\nthereof, issue and serve an appearance ticket upon the arrested person\nand release him from custody, as prescribed in section 150.30.\n  4. Notwithstanding any other provision of this section, a police\nofficer is not required to take an arrested person into custody or to\ntake any other action prescribed in this section on behalf of the\narresting person if he has reasonable cause to believe that the arrested\nperson did not commit the alleged offense or that the arrest was\notherwise unauthorized.\n  5. If a police officer takes an arrested juvenile offender or a person\nsixteen or commencing October first, two thosuand nineteen, seventeen\nyears of age into custody, the police officer shall immediately notify\nthe parent or other person legally responsible for his or her care or\nthe person with whom he or she is domiciled, that such offender or\nperson has been arrested, and the location of the facility where he or\nshe is being detained. If the officer determines that it is necessary to\nquestion a juvenile offender or such person the officer must take him or\nher to a facility designated by the chief administrator of the courts as\na suitable place for the questioning of children or, upon the consent of\na parent or other person legally responsible for the care of the\njuvenile offender or such person, to his or her residence and there\nquestion him or her for a reasonable period of time. A juvenile offender\nor such person shall not be questioned pursuant to this section unless\nhe or she and a person required to be notified pursuant to this\nsubdivision, if present, have been advised:\n  (a) of his or her right to remain silent;\n  (b) that the statements made by the juvenile offender or such person\nmay be used in a court of law;\n  (c) of his or her right to have an attorney present at such\nquestioning; and\n  (d) of his or her right to have an attorney provided for him or her\nwithout charge if he or she is unable to afford counsel.\n  In determining the suitability of questioning and determining the\nreasonable period of time for questioning such a juvenile offender or\nsuch person, his or her age, the presence or absence of his or her\nparents or other persons legally responsible for his or her care and\nnotification pursuant to this subdivision shall be included among\nrelevant considerations.\n  6. As used in this section:\n  (a) An "appropriate police officer" means one who would himself be\nauthorized to make the arrest in question as a police officer pursuant\nto section 140.10;\n  (b) An "appropriate local criminal court" means one with which an\naccusatory instrument charging the offense in question may properly be\nfiled pursuant to the provisions of section 100.55.\n