New York Laws
Article 140 - Arrest Without a Warrant
140.40 - Arrest Without a Warrant; by Person Acting Other Than as a Police Officer or a Peace Officer; Procedure After Arrest.

(a) An appropriate police officer may issue and serve an appearance
ticket upon the arrested person and release him from custody, as
prescribed in subdivision two of section 150.20; or
(b) The desk officer in charge at the appropriate police officer's
station, county jail or police headquarters, or any of his superior
officers, may, in such place, fix pre-arraignment bail and, upon deposit
thereof, issue and serve an appearance ticket upon the arrested person
and release him from custody, as prescribed in section 150.30.
4. Notwithstanding any other provision of this section, a police
officer is not required to take an arrested person into custody or to
take any other action prescribed in this section on behalf of the
arresting person if he has reasonable cause to believe that the arrested
person did not commit the alleged offense or that the arrest was
otherwise unauthorized.
5. If a police officer takes an arrested juvenile offender or a person
sixteen or commencing October first, two thosuand nineteen, seventeen
years of age into custody, the police 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 the
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

he or she 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.
6. As used in this section:
(a) An "appropriate police officer" means one who would himself be
authorized to make the arrest in question as a police officer pursuant
to section 140.10;
(b) An "appropriate local criminal court" means one with which an
accusatory instrument charging the offense in question may properly be
filed pursuant to the provisions of section 100.55.