NYCPD - Public Patrol Guide - 11/07/2019

1 Patrol Guide . Section: Arrests Procedure No: 208-01. LAW OF ARREST. DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 08/01/13 1 of 2. PURPOSE To specify the conditions under which a uniformed member of the service may make an arrest. PROCEDURE Arrest with warrant: 1. When the warrant is addressed to a uniformed member of the service or to the Department of which he is a member, and, a. Warrant issued by: (1) New York City Criminal Court, or (2) District court, or (3) Superior court judge sitting on lower criminal court.

2 Arrest at anytime, and anywhere within the State, or b. Warrant issued by: (1) City court, or (2) Town court, or (3) Village court. Arrest at anytime within the county of court of issuance, or within adjoining county. 2. When delegated by a police officer to whom warrant is addressed and: a. Warrant may be legally executed as indicated above, and within arresting officer's territorial jurisdiction, or b. The defendant is in a county other than one in which warrant is returnable. 3. Arrest without a warrant: a. For an offense when reasonable cause to believe offense committed in his presence, or b.

3 For a crime (within presence or not) and reasonable cause exists that arrested person committed the crime. c. For a petty offense in his presence (violations and traffic infractions) and: (1) It is believed to have been committed within arresting officer's geographical area of employment, and (2) The arrest is made in the county of occurrence or an adjoining county. NEW YORK CITY POLICE DEPARTMENT. Patrol Guide . PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE: 208-01 08/01/13 2 of 2. ADDITIONAL In close pursuit cases relating to petty offenses or traffic infractions, a police officer may DATA pursue to any part of the State and make an arrest or issue a summons, if authorized by law to do so in his own geographical area of employment.

4 In close pursuit cases relating to crimes, police officer may pursue outside State to effect the arrest. RELATED Arrest On A Warrant ( 208-42). PROCEDURE. NEW YORK CITY POLICE DEPARTMENT. Patrol Guide . Section: Arrests Procedure No: 208-02. ARRESTS - REMOVAL TO DEPARTMENT FACILITY. FOR PROCESSING. DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE: 03/26/20 03/26/20 1 of 5. PURPOSE To process arrests. SCOPE Uniformed members of the service who have effected an arrest will have the arrest verified by their supervisor, if available, prior to removing the prisoner to the appropriate authorized command/designated arrest facility which has jurisdiction over the arrest.

5 The desk officer will be requested to verify any arrests which were not verified at the scene of arrest. DEFINITIONS ARREST - Taking a person into custody to answer for an offense. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. PREFERRED NAME - The name an arrestee prefers to be called based on their gender identity. This name may be different from the name on identification documents in the arrestee's possession. PROCEDURE When a uniformed member of the service effects an arrest: ARRESTING 1.

6 Effect arrest in a tactically safe manner, and inform prisoner of authority OFFICER and cause, unless physical resistance, flight, or other factors render such procedure impractical. a. Ascertain if a child is present using all available information, including information received from radio dispatcher and indicators at the scene that a child may be present, and if so, effect arrest of parent/guardian outside of child's sight and hearing, if possible. NOTE Uniformed members of the service are only to display a firearm or other weapon ( , Conducted Electrical Weapon [CEW], etc.)

7 Within sight of a child when necessary and consistent with Department policy, and officer safety. The display of a firearm or other weapon in front of a child may be traumatic and as such, efforts to reassure the child should be made as soon as possible. 2. Handcuff prisoner with hands behind back. a. Rear cuff pregnant prisoners, absent exceptional circumstances ( , medical emergencies, or visibly pregnant prisoner who may be difficult to rear cuff and poses no immediate threat), and notify immediate supervisor (see 210-01, Prisoners General Procedure ).

8 3. Notify immediate supervisor of arrest and provide pertinent details. NEW YORK CITY POLICE DEPARTMENT. Patrol Guide . PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE: 208-02 03/26/20 2 of 5. IMMEDIATE 4. Respond to scene of arrest, as appropriate. SUPERVISOR a. Designate a uniformed member of the service at the scene of arrest to obtain ranks, names, tax numbers, and commands of uniformed members present at scene of arrest, and to ascertain if those uniformed members possessed body-worn cameras, and if the body-worn cameras were activated.

9 B. Direct all uniformed members of the service on scene to provide arresting officer with copies of ACTIVITY LOGS (PD112-145). ARRESTING 5. Remove prisoner to precinct of arrest/designated arrest facility and inform OFFICER desk officer of charge(s). a. juvenile delinquents/ juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. b. Refer to the Command Reference Library for a list of locations approved for the interrogation of juveniles.

10 6. Notify desk officer if force was used to effect the arrest. 7. Immediately complete all captions on PRISONER PEDIGREE CARD. (PD244-092) upon arrival at command and present to desk officer. a. Consistent with 203-10, Public Contact Prohibited Conduct, subdivision a following step 1 , indicate Preferred Name, if any, on the PRISONER PEDIGREE CARD. 8. Remain with prisoner at all times unless relieved by arrest processing officer. DESK OFFICER 9. Have arresting officer complete all captions on PRISONER PEDIGREE. CARD and immediately transpose the information from the CARD into the Command Log to initiate arrest process.