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Criminal Procedure Law

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Article 120 - NY Criminal Procedure Law

WARRANT OF ARREST

Section Description
120.10 Warrant of arrest; definition, function, form and content.
120.20 Warrant of arrest; when issuable.
120.30 Warrant of arrest; by what courts issuable and in what courts returnable.
120.40 Warrant of arrest; attaching accusatory instrument to warrant of town court, village court or city court.
120.50 Warrant of arrest; to what police officers addressed.
120.55 Warrant of arrest; defendant under parole or probation supervision.
120.60 Warrant of arrest; what police officers may execute.
120.70 Warrant of arrest; where executable.
120.80 Warrant of arrest; when and how executed.
120.90 Warrant of arrest; procedure after arrest.
S 120.10 Warrant of arrest; definition, function, form and content.
  1. A warrant of arrest is a process issued by a local criminal court
directing a police officer to arrest a defendant designated in an
accusatory instrument filed with such court and to bring him before such
court in connection with such instrument. The sole function of a warrant
of arrest is to achieve a defendant`s court appearance in a criminal
action for the purpose of arraignment upon the accusatory instrument by
which such action was commenced.
  2. A warrant of arrest must be subscribed by the issuing judge and
must state or contain (a) the name of the issuing court, and (b) the
date of issuance of the warrant, and (c) the name or title of an offense
charged in the underlying accusatory instrument, and (d) the name of the
defendant to be arrested or, if such be unknown, any name or description
by which he can be identified with reasonable certainty, and (e) the
police officer or officers to whom the warrant is addressed, and (f) a
direction that such officer arrest the defendant and bring him before
the issuing court.
  3. A warrant of arrest may be addressed to a classification of police
officers, or to two or more classifications thereof, as well as to a
designated individual police officer or officers. Multiple copies of
such a warrant may be issued.

S 120.20 Warrant of arrest; when issuable.
  1. When a criminal action has been commenced in a local criminal court
by the filing therewith of an accusatory instrument, other than a
simplified traffic information, against a defendant who has not been
arraigned upon such accusatory instrument and has not come under the
control of the court with respect thereto:
  (a) such court may, if such accusatory instrument is sufficient on its
face, issue a warrant for such defendant`s arrest; or
  (b) if such accusatory instrument is not sufficient on its face as
prescribed in section 100.40, and if the court is satisfied that on the
basis of the available facts or evidence it would be impossible to draw
and file an accusatory instrument that is sufficient on its face, the
court must dismiss the accusatory instrument.
  2. Even though such accusatory instrument is sufficient on its face,
the court may refuse to issue a warrant of arrest based thereon until it
has further satisfied itself, by inquiry or examination of witnesses,
that there is reasonable cause to believe that the defendant committed
an offense charged. Upon such inquiry or examination, the court may
examine, under oath or otherwise, any available person whom it believes
may possess knowledge concerning the subject matter of the charge.
  3. Notwithstanding the provisions of subdivision one, if a summons may
be issued in lieu of a warrant of arrest pursuant to section 130.20, and
if the court is satisfied that the defendant will respond thereto, it
may not issue a warrant of arrest. Upon the request of the district
attorney, in lieu of a warrant of arrest or summons, the court may
instead authorize the district attorney to direct the defendant to
appear for arraignment on a designated date if it is satisfied that the
defendant will so appear.

S 120.30 Warrant of arrest; by what courts issuable and in what courts returnable.
  1.  A warrant of arrest may be issued only by the local criminal court
with which the underlying accusatory instrument has been filed, and it
may be made returnable in such issuing court only.
  2.  The particular local criminal court or courts with which any
particular local criminal court accusatory instrument may be filed for
the purpose of obtaining a warrant of arrest are determined, generally,
by the provisions of section 100.55.  If, however, a particular
accusatory instrument may pursuant to said section 100.55 be filed with
a particular town court and such town court is not available at the time
such instrument is sought to be filed and a warrant obtained, such
accusatory instrument may be filed with the town court of any adjoining
town of the same county.  If such instrument may be filed pursuant to
said section 100.55 with a particular village court and such village
court is not available at the time, it may be filed with the town court
of the town embracing such village, or if such town court is not
available either, with the town court of any adjoining town of the same
county.

S 120.40 Warrant of arrest; attaching accusatory instrument to warrant
              of town court, village court or city court.
  A town court, village court or city court which issues a warrant of
arrest may attach thereto a duplicate copy of the underlying accusatory
instrument.  If one or more duplicate copies of the warrant are issued,
such court may attach as many copies of such accusatory instrument to
copies of such warrant as it chooses.  In any case where, pursuant to
subdivision five of section 120.90, a defendant arrested upon such a
warrant of arrest is brought before a local criminal court other than
the town court, village court or city court in which the warrant is
returnable, a copy of the accusatory instrument constitutes a valid
basis for arraignment, as provided in subdivision one of section 170.15.

S 120.50 Warrant of arrest; to what police officers addressed.
  A warrant of arrest may be addressed to any police officer or
classification of police officers whose geographical area of employment
embraces either the place where the offense charged was allegedly
committed or the locality of the court by which the warrant is issued.

S 120.55 Warrant of arrest; defendant under parole or probation supervision.
  If the defendant named within a warrant of arrest issued  by  a  local
  criminal  court  pursuant  to  the  provisions  of this article, or by a
  superior court issued pursuant to subdivision three of section 210.10 of
  this chapter, is under  the  supervision  of  the  state  department  of
  corrections  and  community  supervision  or  a local or state probation
  department, then a warrant for his or her arrest may be  executed  by  a
  parole  officer  or  probation  officer,  when  authorized by his or her
  probation director, within his or her geographical area  of  employment.
  The  execution  of  the warrant by a parole officer or probation officer
  shall be upon the same conditions and conducted in the  same  manner  as
  provided for execution of a warrant by a police officer.

S 120.60 Warrant of arrest; what police officers may execute.
  1.  A warrant of arrest may be executed by (a) any police officer to
whom it is addressed, or (b) any other police officer delegated to
execute it under circumstances prescribed in subdivisions two and three.
  2.  A police officer to whom a warrant of arrest is addressed may
delegate another officer to whom it is not addressed to execute such
warrant as his agent when:
  (a)  He has reasonable cause to believe that the defendant is in a
particular county other than the one in which the warrant is returnable;
and
  (b)  The warrant is, pursuant to section 120.70, executable in such
other county without endorsement by a local criminal court thereof; and
  (c)  The geographical area of employment of the delegated police
officer embraces the locality where the arrest is to be made.
  3.  Under circumstances specified in subdivision two, the police
officer to whom the warrant is addressed may inform the delegated
officer, by telecommunication, mail or any other means, of the issuance
of the warrant, of the offense charged in the underlying accusatory
instrument and of all other pertinent details, and may request him to
act as his agent in arresting the defendant pursuant to such warrant.
Upon such request, the delegated police officer is to the same extent as
the delegating officer, authorized to make such arrest pursuant to the
warrant within the geographical area of such delegated officer`s
employment.  Upon so arresting the defendant, he must proceed as
provided in subdivisions two and four of section 120.90.

S 120.70 Warrant of arrest; where executable.
  1.  A warrant of arrest issued by a district court, by the New York
City criminal court or by a superior court judge sitting as a local
criminal court may be executed anywhere in the state.
  2.  A warrant of arrest issued by a city court, a town court or a
village court may be executed:
  (a)  In the county of issuance or in any adjoining county; or
  (b)  Anywhere else in the state upon the written endorsement thereon
of a local criminal court of the county in which the arrest is to be
made.  When so endorsed, the warrant is deemed the process of the
endorsing court as well as that of the issuing court.

S 120.80 Warrant of arrest; when and how executed.
  1. A warrant of arrest may be executed on any day of the week and at
any hour of the day or night.
  2.  Unless encountering physical resistance, flight or other factors
rendering normal procedure impractical, the arresting police officer
must inform the defendant that a warrant for his arrest for the offense
designated therein has been issued.  Upon request of the defendant, the
officer must show him the warrant if he has it in his possession. The
officer need not have the warrant in his possession, and, if he has not,
he must show it to the defendant upon request as soon after the arrest
as possible.
  3.  In order to effect the arrest, the police officer may use such
physical force as is justifiable pursuant to section 35.30 of the penal
law.
  4. In order to effect the arrest, the police officer may, under
circumstances and in the manner prescribed in this subdivision, enter
any premises in which he reasonably believes the defendant to be
present; provided, however, that where the premises in which the officer
reasonably believes the defendant to be present is the dwelling of a
third party who is not the subject of the arrest warrant, the officer
shall proceed in the manner specified in article 690 of this chapter.
Before such entry, he must give, or make reasonable effort to give,
notice of his authority and purpose to an occupant thereof, unless there
is reasonable cause to believe that the giving of such notice will:
  (a) Result in the defendant escaping or attempting to escape; or
  (b) Endanger the life or safety of the officer or another person; or
  (c) Result in the destruction, damaging or secretion of material
evidence.
  5.  If the officer is authorized to enter premises without giving
notice of his authority and purpose, or if after giving such notice he
is not admitted, he may enter such premises, and by a breaking if
necessary.

S 120.90 Warrant of arrest; procedure after arrest.
  1.  Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is returnable or in any
adjoining county, or upon so arresting him for a felony in any other
county, a police officer, if he be one to whom the warrant is addressed,
must without unnecessary delay bring the defendant before the local
criminal court in which such warrant is returnable.
  2.  Upon arresting a defendant for any offense pursuant to a warrant
of arrest in a county adjoining the county in which the warrant is
returnable, or upon so arresting him for a felony in any other county, a
police officer, if he be one delegated to execute the warrant pursuant
to section 120.60, must without unnecessary delay deliver the defendant
or cause him to be delivered to the custody of the officer by whom he
was so delegated, and the latter must then proceed as provided in
subdivision one.
  3.  Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if he
be one to whom the warrant is addressed, must inform the defendant that
he has a right to appear before a local criminal court of the county of
arrest for the purpose of being released on his own recognizance or
having bail fixed.  If the defendant does not desire to avail himself of
such right, the officer must request him to endorse such fact upon the
warrant, and upon such endorsement the officer must without unnecessary
delay bring him before the court in which the warrant is returnable.  If
the defendant does desire to avail himself of such right, or if he
refuses to make the aforementioned endorsement, the officer must without
unnecessary delay bring him before a local criminal court of the county
of arrest.  Such court must release the defendant on his own
recognizance or fix bail for his appearance on a specified date in the
court in which the warrant is returnable.  If the defendant is in
default of bail, the officer must without unnecessary delay bring him
before the court in which the warrant is returnable.
  4.  Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if he
be one delegated to execute the warrant pursuant to section 120.60, may
hold the defendant in custody in the county of arrest for a period not
exceeding two hours for the purpose of delivering him to the custody of
the officer by whom he was delegated to execute such warrant. If the
delegating officer receives custody of the defendant during such period,
he must proceed as provided in subdivision three. Otherwise, the
delegated officer must inform the defendant that he has a right to
appear before a local criminal court for the purpose of being released
on his own recognizance or having bail fixed.  If the defendant does not
desire to avail himself of such right, the officer must request him to
make, sign and deliver to him a written statement of such fact, and if
the defendant does so, the officer must retain custody of him but must
without unnecessary delay deliver him or cause him to be delivered to
the custody of the delegating police officer. If the defendant does
desire to avail himself of such right, or if he refuses to make and
deliver the aforementioned statement, the delegated or arresting officer
must without unnecessary delay bring him before a local criminal court
of the county of arrest and must submit to such court a written
statement reciting the material facts concerning the issuance of the
warrant, the offense involved, and all other essential matters relating
thereto.  Upon the submission of such statement, such court must release
the defendant on his own recognizance or fix bail for his appearance on
a specified date in the court in which the warrant is returnable.  If
the defendant is in default of bail, the officer must retain custody of
him but must without unnecessary delay deliver him or cause him to be
delivered to the custody of the delegating officer.  Upon receiving such
custody, the latter must without unnecessary delay bring the defendant
before the court in which the warrant is returnable.
  5. Whenever a police officer is required pursuant to this section to
bring an arrested defendant before a town court in which a warrant of
arrest is returnable, and if such town court is not available at the
time, such officer must, if a copy of the underlying accusatory
instrument has been attached to the warrant pursuant to section 120.40,
instead bring such defendant before any village court embraced, in whole
or in part, by such town, or any local criminal court of an adjoining
town or city of the same county or any village court embraced, in whole
or in part, by such adjoining town. When the court in which the warrant
is returnable is a village court which is not available at the time, the
officer must in such circumstances bring the defendant before the town
court of the town embracing such village or any other village court
within such town or, if such town court or village court is not
available either, before the local criminal court of any town or city of
the same county which adjoins such embracing town or, before the local
criminal court of any village embraced in whole or in part by such
adjoining town. When the court in which the warrant is returnable is a
city court which is not available at the time, the officer must in such
circumstances bring the defendant before the local criminal court of any
adjoining town or village embraced in whole or in part by such adjoining
town of the same county.
  6.  Before bringing a defendant arrested pursuant to a warrant before
the local criminal court in which such warrant is returnable, a police
officer must without unnecessary delay perform all fingerprinting and
other preliminary police duties required in the particular case.  In any
case in which the defendant is not brought by a police officer before
such court but, following his arrest in another county for an offense
specified in subdivision one of section 160.10, is released by a local
criminal court of such other county on his own recognizance or on bail
for his appearance on a specified date before the local criminal court
before which the warrant is returnable, the latter court must, upon
arraignment of the defendant before it, direct that he be fingerprinted
by the appropriate officer or agency, and that he appear at an
appropriate designated time and place for such purpose.
  7.  Upon arresting a juvenile offender, the police officer shall
immediately notify the parent or other person legally responsible for
his care or the person with whom he is domiciled, that the juvenile
offender has been arrested, and the location of the facility where he is
being detained.
 8. Upon arresting a defendant, other than a juvenile offender, for any
offense  pursuant  to  a warrant of arrest, a police officer shall, upon
the  defendant's  request,  permit  the  defendant  to  communicate   by
telephone  provided  by the law enforcement facility where the defendant
is held to a phone number located  anywhere  in  the  United  States  or
Puerto  Rico,  for  the  purposes  of  obtaining counsel and informing a
relative or friend that he or she has been arrested, unless granting the
call will compromise an ongoing investigation or the prosecution of  the
defendant.

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