§ 153-A — Warrant of arrest; when and how executed

New York § 153-A

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: General Powers
• Art. 1: Family Court Established

Text

§ 153-a. Warrant of arrest; when and how executed. (a) A warrant of\narrest may be executed on any day of the week, and at any hour of the\nday or night.\n (b) Unless encountering physical resistance, flight or other factors\nrendering normal procedure impractical, the arresting police officer\nmust inform the subject named therein that a warrant for his arrest for\nattendance at the proceeding designated therein has been issued. Upon\nrequest of such subject, the police officer must show him the warrant if\nhe has it in his possession. The officer need not have the warrant in\nhis possession, and, if he has not, he must show it to the subject upon\nrequest as soon after the arrest as possible.\n (c) In order to effect the arrest, the police officer may use such\nphysical force as is justifiable pursuant to section 35.30 of the penal\nlaw.\n (d) In order to effect the arrest, the police officer may enter any\npremises in which he reasonably believes the subject named therein to be\npresent. Before such entry, he must give, or make reasonable effort to\ngive, notice of his authority and purpose to an occupant thereof.\n (e) If the officer, after giving such notice, is not admitted, he may\nenter such premises, and by a breaking if necessary.\n