(a) The arresting peace officer, where he is specially authorized by
law to issue and serve an appearance ticket, may issue and serve an
appearance ticket upon the arrested person and release him from custody;
or
(b) The arresting peace officer, where he is not specially authorized
by law to issue and serve an appearance ticket, may enlist the aid of a
police officer and request that such officer issue and serve an
appearance ticket upon the arrested person, and upon such issuance and
service the latter must be released from custody.
5. Upon arresting a juvenile offender or a person sixteen or
commencing October first, two thousand nineteen, seventeen years of age
without a warrant, the peace officer shall immediately notify the parent
or other person legally responsible for his or her care or the person
with whom he or she is domiciled, that such offender or person has been
arrested, and the location of the facility where he or she is being
detained. If the officer determines that it is necessary to question a
juvenile offender or such person, the officer must take him or her to a
facility designated by the chief administrator of the courts as a
suitable place for the questioning of children or, upon the consent of a
parent or other person legally responsible for the care of a juvenile
offender or such person, to his or her residence and there question him
or her for a reasonable period of time. A juvenile offender or such
person shall not be questioned pursuant to this section unless the
juvenile offender or such person and a person required to be notified
pursuant to this subdivision, if present, have been advised:
(a) of his or her right to remain silent;
(b) that the statements made by the juvenile offender or such person
may be used in a court of law;
(c) of his or her right to have an attorney present at such
questioning; and
(d) of his or her right to have an attorney provided for him or her
without charge if he or she is unable to afford counsel.
In determining the suitability of questioning and determining the
reasonable period of time for questioning such a juvenile offender or
such person, his or her age, the presence or absence of his or her
parents or other persons legally responsible for his or her care and
notification pursuant to this subdivision shall be included among
relevant considerations.
Structure New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 140 - Arrest Without a Warrant
140.05 - Arrest Without a Warrant; in General.
140.10 - Arrest Without a Warrant; by Police Officer; When and Where Authorized.
140.15 - Arrest Without a Warrant; When and How Made by Police Officer.
140.20 - Arrest Without a Warrant; Procedure After Arrest by Police Officer.
140.25 - Arrest Without a Warrant; by Peace Officer.
140.27 - Arrest Without a Warrant; When and How Made; Procedure After Arrest by Peace Officer.
140.30 - Arrest Without a Warrant; by Any Person; When and Where Authorized.
140.50 - Temporary Questioning of Persons in Public Places; Search for Weapons.