Section 120.80. Warrant of arrest; when and how executed  


Latest version.
  • 1.  A  warrant of arrest may be executed on any day of the week and at
      any hour of the day or night.
        2.  Unless encountering physical resistance, flight or  other  factors
      rendering  normal  procedure  impractical,  the arresting police officer
      must inform the defendant that a warrant for his arrest for the  offense
      designated  therein has been issued.  Upon request of the defendant, the
      officer must show him the warrant if he has it in  his  possession.  The
      officer need not have the warrant in his possession, and, if he has not,
      he  must  show it to the defendant upon request as soon after the arrest
      as possible.
        3.  In order to effect the arrest, the police  officer  may  use  such
      physical  force as is justifiable pursuant to section 35.30 of the penal
      law.
        4. In order to effect  the  arrest,  the  police  officer  may,  under
      circumstances  and  in  the manner prescribed in this subdivision, enter
      any premises in  which  he  reasonably  believes  the  defendant  to  be
      present; provided, however, that where the premises in which the officer
      reasonably  believes  the  defendant  to be present is the dwelling of a
      third party who is not the subject of the arrest  warrant,  the  officer
      shall  proceed  in  the manner specified in article 690 of this chapter.
      Before such entry, he must give, or  make  reasonable  effort  to  give,
      notice of his authority and purpose to an occupant thereof, unless there
      is reasonable cause to believe that the giving of such notice will:
        (a) Result in the defendant escaping or attempting to escape; or
        (b) Endanger the life or safety of the officer or another person; or
        (c)  Result  in  the  destruction,  damaging  or secretion of material
      evidence.
        5.  If the officer is authorized  to  enter  premises  without  giving
      notice  of  his authority and purpose, or if after giving such notice he
      is not admitted, he may enter  such  premises,  and  by  a  breaking  if
      necessary.