Being Arrested
CPL § 140.10 — for an offense committed in the officer's presence, or a crime on reasonable cause, then to court without unnecessary delay
A New York police officer may arrest a person without a warrant:
- For any offense, when the officer has reasonable cause to believe the person committed it in the officer's presence.
- For a crime, when the officer has reasonable cause to believe the person committed it, in the officer's presence or otherwise.
An arrest for a petty offense is limited to one committed, or believed committed, within the area of the officer's employment or within one hundred yards of it, and is made in that county or an adjoining one, unless the officer follows the person in continuous close pursuit.
Required in some family cases. Where the officer has reasonable cause to believe a person committed a felony against a member of the same family or household, other than certain larcenies, or violated the stay away terms of an order of protection, the officer arrests the person and does not try to reconcile the parties or mediate. For a misdemeanor family offense the officer arrests unless the victim asks otherwise, and does not ask whether the victim wants an arrest. This subdivision is in the version of the section in force until September 1, 2027.
To court without unnecessary delay. After an arrest without a warrant, the officer does the recording, fingerprinting and other preliminary police duties without unnecessary delay, and then, without unnecessary delay, brings the person before a local criminal court and files an accusatory instrument charging the offense.
For an offense below a class A, B, C or D felony, outside a short list of named crimes and the family cases where arrest is required, the officer may instead issue an appearance ticket and release the person, or the desk officer at the station may fix pre-arraignment bail and, once it is posted, issue one.
An appearance ticket is a written notice directing the person to appear in a named local criminal court at a set future time. Before issuing one, the officer tells the person that they may give contact information, a phone number, a mailing address or an email address, to receive a reminder of the court date.
Sources for this section (3)
- CPL § 140.10 — Arrest without a warrant; by police officer; when and where authorized
- CPL § 140.20 — Arrest without a warrant; procedure after arrest by police officer
- CPL § 150.10 — Appearance ticket; definition, form and content
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.