Arrest without a warrant; when and how made; procedure after arrest by peace officer

§ 140.27 Arrest without a warrant; when and how made; procedure after\n arrest by peace officer.\n 1. The rules governing the manner in which a peace officer may make an\narrest, pursuant to section 140.25, are the same as those governing\narrests by police officers, as prescribed in section 140.15.\n 2. Upon arresting a person without a warrant, a peace officer, except\nas otherwise provided in subdivision three or three-a, must without\nunnecessary delay bring him or cause him to be brought before a local\ncriminal court, as provided in section 100.55 and subdivision one of\nsection 140.20, and must without unnecessary delay file or cause to be\nfiled therewith an appropriate accusatory instrument. If the offense\nwhich is the subject of the arrest is one of those specified in\nsubdivision one of section 160.10, the arrested person must be\nfingerprinted and photographed as therein provided. In order to execute\nthe required post-arrest functions, such arresting peace officer may\nperform such functions himself or he may enlist the aid of a police\nofficer for the performance thereof in the manner provided in\nsubdivision one of section 140.20.\n 3. 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 such peace officer is unable to\nbring or cause the arrested person to be brought before such a court\nwith reasonable promptness, the arrested person must be brought to an\nappropriate police station, county jail or police headquarters where he\nmust be dealt with in the manner prescribed in subdivision three of\nsection 140.20, as if he had been arrested by a police officer.\n 3-a. If the arrest is for a juvenile offender or adolescent offender\nother than an arrest for violations or traffic infractions, such\noffender shall be brought before the youth part of the superior court.\nIf the youth part is not in session, such offender shall be brought\nbefore the most accessible magistrate designated by the appellate\ndivision of the supreme court in the applicable department to act as a\nyouth part.\n 4. 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 two, and the procedure may instead be as follows:\n (a) The arresting peace officer, where he is specially authorized by\nlaw to issue and serve an appearance ticket, may issue and serve an\nappearance ticket upon the arrested person and release him from custody;\nor\n (b) The arresting peace officer, where he is not specially authorized\nby law to issue and serve an appearance ticket, may enlist the aid of a\npolice officer and request that such officer issue and serve an\nappearance ticket upon the arrested person, and upon such issuance and\nservice the latter must be released from custody.\n 5. Upon arresting a juvenile offender or a person sixteen or\ncommencing October first, two thousand nineteen, seventeen years of age\nwithout a warrant, the peace officer shall immediately notify the parent\nor other person legally responsible for his or her care or the person\nwith whom he or she is domiciled, that such offender or person has been\narrested, and the location of the facility where he or she is being\ndetained. If the officer determines that it is necessary to question a\njuvenile offender or such person, the officer must take him or her to a\nfacility designated by the chief administrator of the courts as a\nsuitable place for the questioning of children or, upon the consent of a\nparent or other person legally responsible for the care of a juvenile\noffender or such person, to his or her residence and there question him\nor her for a reasonable period of time. A juvenile offender or such\nperson shall not be questioned pursuant to this section unless the\njuvenile offender or such person and a person required to be notified\npursuant to this subdivision, 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