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N.Y. Crim. Proc. Law § 140.15

Arrest without a warrant; when and how made by police officer

Applied in 1 court decision — leading case United States v. Magallon-Lopez (2016)

Most recently applied in United States v. Magallon-Lopez (March 2016)

2014-09-22

§ 140.15 Arrest without a warrant; when and how made by police officer.\n 1. A police officer may arrest a person for an offense, pursuant to\nsection 140.10, at any hour of any day or night.\n 2. The arresting police officer must inform such person of his\nauthority and purpose and of the reason for such arrest unless he\nencounters physical resistance, flight or other factors rendering such\nprocedure impractical.\n 3. In order to effect such an arrest, such police officer may use\nsuch physical force as is justifiable pursuant to section 35.30 of the\npenal law.\n 4. In order to effect such an arrest, a police officer may enter\npremises in which he reasonably believes such person to be present,\nunder the same circumstances and in the same manner as would be\nauthorized, by the provisions of subdivisions four and five of section\n120.80, if he were attempting to make such arrest pursuant to a warrant\nof arrest.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.