2023 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.
3-a. A police officer may  not  arrest  any  person  for  any  legally
protected health activity within this state as defined in section 570.17
of this chapter.
3-b.  A  police  officer  may  not arrest any person for performing or
aiding in the  performance  of  gender-affirming  care,  as  defined  in
paragraph   (c)   of  subdivision  one  of  section  sixty-five  hundred
thirty-one-b of the education law, within this state, or in procuring or
aiding in the procurement of gender-affirming care in this state, if the
gender-affirming care is performed in accordance with the provisions  of
any other applicable law of this state.
* 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, 2025
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.