NY Crim Pro L § 140.10 (2021)
2021 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 140.10 - Arrest Without a Warrant; by Police Officer; When and Where Authorized.

§  140.10  Arrest  without  a warrant; by police officer; when and where              authorized.   1. Subject to the provisions of subdivision two, a police officer  may arrest a person for:  (a)  Any  offense  when he or she has reasonable cause to believe that such person has committed such offense in his or her presence; and  (b) A crime when he or she has reasonable cause to believe  that  such person  has  committed  such  crime,  whether  in his or her presence or otherwise.   2. A police officer may arrest a person for a petty offense,  pursuant to subdivision one, only when:  (a)  Such offense was committed or believed by him or her to have been committed  within  the  geographical  area  of  such  police   officer's employment or within one hundred yards of such geographical area; and  (b)  Such  arrest  is  made  in  the  county in which such offense was committed or believed to have been committed or in an adjoining  county; except  that  the  police  officer  may follow such person in continuous close pursuit, commencing either in the county in which the offense  was or  is believed to have been committed or in an adjoining county, in and through any county of the state, and may arrest him or her in any county in which he or she apprehends him or her.   3. A police officer may arrest a  person  for  a  crime,  pursuant  to subdivision  one,  whether  or  not  such crime was committed within the geographical area of such police officer's employment, and he or she may make such arrest within the  state,  regardless  of  the  situs  of  the commission  of  the  crime.  In  addition,  he or she may, if necessary, pursue such person outside the state and may arrest him or  her  in  any state  the  laws  of  which  contain  provisions  equivalent to those of section 140.55.   * 4. Notwithstanding any other provisions of this  section,  a  police officer  shall  arrest  a person, and shall not attempt to reconcile the parties or mediate, where such officer has reasonable cause  to  believe that:  (a)  a  felony,  other  than  subdivision  three, four, nine or ten of section 155.30 of the penal law,  has  been  committed  by  such  person against  a member of the same family or household, as member of the same family or household is defined in subdivision one of section  530.11  of this chapter; or  (b)  a  duly served order of protection or special order of conditions issued pursuant  to  subparagraph  (i)  or  (ii)  of  paragraph  (o)  of subdivision  one  of  section 330.20 of this chapter is in effect, or an order of which the respondent or defendant has actual knowledge  because he  or  she  was  present in court when such order was issued, where the order appears to have been issued by a court of  competent  jurisdiction of this or another state, territorial or tribal jurisdiction; and  (i) Such order directs that the respondent or defendant stay away from persons  on  whose  behalf  the  order of protection or special order of conditions has been issued and the respondent or defendant committed  an act or acts in violation of such "stay away" provision of such order; or  (ii)  The  respondent or defendant commits a family offense as defined in subdivision one of section eight hundred twelve of the  family  court act or subdivision one of section 530.11 of this chapter in violation of such order of protection or special order of conditions.   The  provisions  of  this  subdivision  shall  apply only to orders of protection issued pursuant to sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four,  five,  six  and eight  of  the  family  court  act  and  section 530.12 of this chapter, special orders of conditions issued pursuant to subparagraph (i) or (ii)  of paragraph (o) of subdivision one of section 330.20  of  this  chapter insofar  as  they  involve  a  victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a  of  the social  services  law  or  a  designated  witness  or  witnesses to such domestic violence, and to orders  of  protection  issued  by  courts  of competent   jurisdiction   in   another  state,  territorial  or  tribal jurisdiction. In determining whether reasonable cause exists to make  an arrest  for  a violation of an order issued by a court of another state, territorial or tribal jurisdiction, the officer  shall  consider,  among other  factors,  whether the order, if available, appears to be valid on its face or whether a record  of  the  order  exists  on  the  statewide registry  of  orders  of protection and warrants established pursuant to section two hundred twenty-one-a of the executive law or the  protection order   file  maintained  by  the  national  crime  information  center; provided, however, that entry of the  order  of  protection  or  special order  of  conditions  into  the  statewide  registry  or  the  national protection order file shall not  be  required  for  enforcement  of  the order.  When  a special order of conditions is in effect and a defendant or respondent has been taken into custody pursuant  to  this  paragraph, nothing  contained  in  this paragraph shall restrict or impair a police officer from acting pursuant to section 9.41 of the mental hygiene  law; or  (c)  a  misdemeanor  constituting  a  family  offense, as described in subdivision one of section 530.11 of  this  chapter  and  section  eight hundred  twelve  of  the  family  court  act, has been committed by such person against such  family  or  household  member,  unless  the  victim requests  otherwise. The officer shall neither inquire as to whether the victim seeks an arrest of such person nor threaten  the  arrest  of  any person for the purpose of discouraging requests for police intervention. Notwithstanding  the  foregoing, when an officer has reasonable cause to believe that more than one family or household member has committed such a misdemeanor, the officer is not required to arrest each  such  person. In  such circumstances, the officer shall attempt to identify and arrest the primary physical aggressor after considering:  (i)  the  comparative extent  of  any  injuries  inflicted  by  and  between the parties; (ii) whether any such person is threatening or  has  threatened  future  harm against  another  party  or  another  family  or household member; (iii) whether any such person has a prior history of  domestic  violence  that the  officer  can reasonably ascertain; and (iv) whether any such person acted defensively to protect himself or herself from injury. The officer shall evaluate each complaint separately to determine who is the primary physical aggressor and shall not base the decision to arrest or  not  to arrest   on  the  willingness  of  a  person  to  testify  or  otherwise participate in a judicial proceeding.   The protected  party  in  whose  favor  the  order  of  protection  or temporary  order  of  protection is issued may not be held to violate an order issued in his or  her  favor  nor  may  such  protected  party  be arrested for violating such order.   Nothing  contained  in this subdivision shall be deemed to (a) require the arrest of any  person  when  the  officer  reasonably  believes  the person's  conduct is justifiable under article thirty-five of title C of the  penal  law;  or  (b)  restrict  or  impair  the  authority  of  any municipality,  political  subdivision,  or  the division of state police from promulgating rules, regulations and policies requiring  the  arrest of  persons  in  additional  circumstances  where  domestic violence has allegedly occurred.   No cause of action for damages shall arise in favor of any  person  by reason  of  any  arrest  made  by  a  police  officer  pursuant  to this  subdivision, except as provided in sections seventeen  and  eighteen  of the  public  officers  law  and  sections  fifty-k, fifty-l, fifty-m and fifty-n of the general municipal law, as appropriate.   * NB Repealed September 1, 2023   5.  Upon  investigating a report of a crime or offense between members of the same family or household as such terms  are  defined  in  section 530.11  of  this  chapter and section eight hundred twelve of the family court act, a law enforcement officer shall prepare, file, and translate, in accordance with section two hundred fourteen-b or eight hundred forty of the executive law, a written  report  of  the  incident,  on  a  form promulgated  pursuant  to  section  eight  hundred  thirty-seven  of the executive law, including statements  made  by  the  victim  and  by  any witnesses,  and  make  any  additional  reports  required  by  local law enforcement policy or regulations. Such report  shall  be  prepared  and filed,  whether  or  not  an arrest is made as a result of the officers' investigation, and shall be retained by the law enforcement agency for a period of not less than four years. Where the reported incident involved an offense committed against a person who is sixty-five years of age  or older a copy of the report required by this subdivision shall be sent to the  New York state committee for the coordination of police services to elderly  persons  established  pursuant   to   section   eight   hundred forty-four-b  of the executive law. Where the reported incident involved an offense committed by an  individual  known  by  the  law  enforcement officer  to  be  under  probation or parole supervision, he or she shall transmit a copy of the report as soon as practicable to the  supervising probation  department  or  the  department  of corrections and community supervision.   6. (a) A police officer who responds to a report of a  family  offense as  defined  in section 530.11 of this chapter and section eight hundred twelve of the family  court  act  may  take  temporary  custody  of  any firearm, rifle, electronic dart gun, electronic stun gun, disguised gun, imitation  weapon,  shotgun,  antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm that is in plain sight  or  is discovered  pursuant  to  a consensual or other lawful search, and shall take temporary custody of any such weapon that is in the  possession  of any  person  arrested  for  the  commission  of  such  family offense or suspected of its commission. An officer who takes custody of any  weapon pursuant  to  this  paragraph  shall also take custody of any license to carry, possess, repair, and dispose of such weapon issued to the  person arrested  or suspected of such family offense. The officer shall deliver such weapon and/or license to the appropriate law enforcement officer as provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of section 265.20 of the penal law.  (b) Upon taking custody of weapons or a license described in paragraph (a)  of this subdivision, the responding officer shall give the owner or person in possession of such weapons or  license  a  receipt  describing such  weapons and/or license and indicating any identification or serial number on such weapons. Such receipt shall indicate  where  the  weapons and/or  license  can  be recovered and describe the process for recovery provided in paragraph (e) of this subdivision.  (c) Not less than forty-eight hours after effecting such seizure,  and in the absence of (i) an order of protection, an extreme risk protection order, or other court order prohibiting the owner from possessing such a weapon  and/or  license, or (ii) a pending criminal charge or conviction which prohibits such owner from possessing such a weapon and/or license, and upon a written finding that there is  no  legal  impediment  to  the owner's  possession of such a weapon and/or license, the court or, if no court is involved, licensing authority or custodian of the weapon  shall  direct  return  of a weapon not otherwise disposed of in accordance with subdivision one of section 400.05 of the penal law and/or  such  license taken into custody pursuant to this section.  (d)  If  any  other person demonstrates that such person is the lawful owner of any weapon taken into custody pursuant  to  this  section,  and provided that the court or, if no court is involved, licensing authority or  custodian  of the weapon has made a written finding that there is no legal impediment to the person's  possession  of  such  a  weapon,  such court,  licensing  authority or custodian of the weapon, as the case may be, shall direct that such weapon be returned to such lawful owner.  (e) All weapons in  the  possession  of  a  law  enforcement  official pursuant  to  this  section  shall  be  subject  to  the  provisions  of applicable law, including but not limited to subdivision six of  section 400.05  of  the penal law; provided, however, that any such weapon shall be retained and not disposed of by the law  enforcement  agency  for  at least two years unless legally transferred by the owner to an individual permitted by law to own and possess such weapon.