N.Y. Criminal Procedure Law 2.20 – Powers of peace officers
§ 2.20 Powers of peace officers.
Terms Used In N.Y. Criminal Procedure Law 2.20
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Summons: Another word for subpoena used by the criminal justice system.
1. The persons designated in section 2.10 of this article shall have the following powers:
(a) The power to make warrantless arrests pursuant to section 140.25 of this chapter.
(b) The power to use physical force and deadly physical force in making an arrest or preventing an escape pursuant to § 35.30 of the penal law.
(c) The power to carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their special duties.
(d) The power to issue appearance tickets pursuant to subdivision three of section 150.20 of this chapter, when acting pursuant to their special duties. New York city special patrolmen shall have the power to issue an appearance ticket only when it is pursuant to rules and regulations of the police commissioner of the city of New York.
(e) The power to issue uniform appearance tickets pursuant to Article twenty-seven of the parks, recreation and historic preservation law and to issue simplified traffic informations pursuant to section 100.25 of this chapter and § 207 of the vehicle and traffic law whenever acting pursuant to their special duties.
(f) The power to issue a uniform navigation summons and/or complaint pursuant to § 19 of the navigation law whenever acting pursuant to their special duties.
(g) The power to issue uniform appearance tickets pursuant to Article 71 of the environmental conservation law, whenever acting pursuant to their special duties.
(h) The power to possess and take custody of firearms not owned by the peace officer, for the purpose of disposing, guarding, or any other lawful purpose, consistent with his duties as a peace officer.
(i) Any other power which a particular peace officer is otherwise authorized to exercise by any general, special or local law or charter whenever acting pursuant to his special duties, provided such power is not inconsistent with the provisions of the penal law or this chapter.
(j) Uniformed court officers shall have the power to issue traffic summonses and complaints for parking, standing, or stopping violations pursuant to the vehicle and traffic law whenever acting pursuant to their special duties.
2. For the purposes of this section a peace officer acts pursuant to his special duties when he performs the duties of his office, pursuant to the specialized nature of his particular employment, whereby he is required or authorized to enforce any general, special or local law or charter, rule, regulation, judgment or order.
3. A peace officer, whether or not acting pursuant to his special duties, who lawfully exercises any of the powers conferred upon him pursuant to this section, shall be deemed to be acting within the scope of his public employment for purposes of defense and indemnification rights and benefits that he may be otherwise entitled to under the provisions of § 50-k of the general municipal law, § 17 of the public officers law, or any other applicable section of law.