Section 140.10. Arrest without a warrant; by police officer; when and where authorized

1. Subject to the provisions of subdivision two, a police officer  may
  arrest a person for:
    (a)  Any  offense  when  he  has reasonable cause to believe that such
  person has committed such offense in his presence; and
    (b) A crime when he has reasonable cause to believe that  such  person
  has committed such crime, whether in his presence or otherwise.
    2.  A police officer may arrest a person for a petty offense, pursuant
  to subdivision one, only when:
    (a) Such offense was committed or believed by him or her to have  been
  committed   within  the  geographical  area  of  such  police  officer's
  employment or within one hundred yards of such geographical area; and
    (b) Such arrest is made in  the  county  in  which  such  offense  was
  committed  or believed to have been committed or in an adjoining county;
  except that the police officer may  follow  such  person  in  continuous
  close  pursuit, commencing either in the county in which the offense was
  or is believed to have been committed or in an adjoining county, in  and
  through  any  county  of  the state, and may arrest him in any county in
  which he apprehends him.
    3. A police officer may arrest a  person  for  a  crime,  pursuant  to
  subdivision  one,  whether  or  not  such crime was committed within the
  geographical area of such police officer's employment, and he  may  make
  such  arrest within the state, regardless of the situs of the commission
  of the crime. In addition, he may,  if  necessary,  pursue  such  person
  outside  the  state  and  may  arrest him in any state the laws of which
  contain provisions equivalent to those of section 140.55.
    * 4. Notwithstanding any other provisions of this  section,  a  police
  officer  shall  arrest  a person, and shall not attempt to reconcile the
  parties or mediate, where such officer has reasonable cause  to  believe
  that:
    (a)  a  felony,  other  than  subdivision  three, four, nine or ten of
  section 155.30 of the penal law,  has  been  committed  by  such  person
  against  a member of the same family or household, as member of the same
  family or household is defined in subdivision one of section  530.11  of
  this chapter; or
    (b)  a  duly served order of protection or special order of conditions
  issued pursuant  to  subparagraph  (i)  or  (ii)  of  paragraph  (o)  of
  subdivision  one  of  section 330.20 of this chapter is in effect, or an
  order of which the respondent or defendant has actual knowledge  because
  he  or  she  was  present in court when such order was issued, where the
  order appears to have been issued by a court of  competent  jurisdiction
  of this or another state, territorial or tribal jurisdiction; and
    (i) Such order directs that the respondent or defendant stay away from
  persons  on  whose  behalf  the  order of protection or special order of
  conditions has been issued and the respondent or defendant committed  an
  act or acts in violation of such "stay away" provision of such order; or
    (ii)  The  respondent or defendant commits a family offense as defined
  in subdivision one of section eight hundred twelve of the  family  court
  act or subdivision one of section 530.11 of this chapter in violation of
  such order of protection or special order of conditions.
    The  provisions  of  this  subdivision  shall  apply only to orders of
  protection issued pursuant to sections two hundred forty and two hundred
  fifty-two of the domestic relations law, articles four,  five,  six  and
  eight  of  the  family  court  act  and  section 530.12 of this chapter,
  special orders of conditions issued pursuant to subparagraph (i) or (ii)
  of paragraph (o) of subdivision one of section 330.20  of  this  chapter
  insofar  as  they  involve  a  victim or victims of domestic violence as

  defined by subdivision one of section four hundred fifty-nine-a  of  the
  social  services  law  or  a  designated  witness  or  witnesses to such
  domestic violence, and to orders  of  protection  issued  by  courts  of
  competent   jurisdiction   in   another  state,  territorial  or  tribal
  jurisdiction. In determining whether reasonable cause exists to make  an
  arrest  for  a violation of an order issued by a court of another state,
  territorial or tribal jurisdiction, the officer  shall  consider,  among
  other  factors,  whether the order, if available, appears to be valid on
  its face or whether a record  of  the  order  exists  on  the  statewide
  registry  of  orders  of protection and warrants established pursuant to
  section two hundred twenty-one-a of the executive law or the  protection
  order   file  maintained  by  the  national  crime  information  center;
  provided, however, that entry of the  order  of  protection  or  special
  order  of  conditions  into  the  statewide  registry  or  the  national
  protection order file shall not  be  required  for  enforcement  of  the
  order.  When  a special order of conditions is in effect and a defendant
  or respondent has been taken into custody pursuant  to  this  paragraph,
  nothing  contained  in  this paragraph shall restrict or impair a police
  officer from acting pursuant to section 9.41 of the mental hygiene  law;
  or
    (c)  a  misdemeanor  constituting  a  family  offense, as described in
  subdivision one of section 530.11 of  this  chapter  and  section  eight
  hundred  twelve  of  the  family  court  act, has been committed by such
  person against such  family  or  household  member,  unless  the  victim
  requests  otherwise. The officer shall neither inquire as to whether the
  victim seeks an arrest of such person nor threaten  the  arrest  of  any
  person for the purpose of discouraging requests for police intervention.
  Notwithstanding  the  foregoing, when an officer has reasonable cause to
  believe that more than one family or household member has committed such
  a misdemeanor, the officer is not required to arrest each  such  person.
  In  such circumstances, the officer shall attempt to identify and arrest
  the primary physical aggressor after considering:  (i)  the  comparative
  extent  of  any  injuries  inflicted  by  and  between the parties; (ii)
  whether any such person is threatening or  has  threatened  future  harm
  against  another  party  or  another  family  or household member; (iii)
  whether any such person has a prior history of  domestic  violence  that
  the  officer  can reasonably ascertain; and (iv) whether any such person
  acted defensively to protect himself or herself from injury. The officer
  shall evaluate each complaint separately to determine who is the primary
  physical aggressor and shall not base the decision to arrest or  not  to
  arrest   on  the  willingness  of  a  person  to  testify  or  otherwise
  participate in a judicial proceeding.
    Nothing contained in this subdivision shall be deemed to  (a)  require
  the  arrest  of  any  person  when  the  officer reasonably believes the
  person's conduct is justifiable under article thirty-five of title C  of
  the  penal  law;  or  (b)  restrict  or  impair  the  authority  of  any
  municipality, political subdivision, or the  division  of  state  police
  from  promulgating  rules, regulations and policies requiring the arrest
  of persons in  additional  circumstances  where  domestic  violence  has
  allegedly occurred.
    No  cause  of action for damages shall arise in favor of any person by
  reason of  any  arrest  made  by  a  police  officer  pursuant  to  this
  subdivision,  except  as  provided in sections seventeen and eighteen of
  the public officers law  and  sections  fifty-k,  fifty-l,  fifty-m  and
  fifty-n of the general municipal law, as appropriate.
    * NB Repealed September 1, 2011
    5.  Upon  investigating a report of a crime or offense between members
  of the same family or household as such terms  are  defined  in  section

  530.11  of  this  chapter and section eight hundred twelve of the family
  court act, a law enforcement officer shall prepare and  file  a  written
  report  of the incident, on a form promulgated pursuant to section eight
  hundred  thirty-seven of the executive law, including statements made by
  the victim and  by  any  witnesses,  and  make  any  additional  reports
  required  by  local  law  enforcement policy or regulations. Such report
  shall be prepared and filed, whether or not  an  arrest  is  made  as  a
  result  of the officers' investigation, and shall be retained by the law
  enforcement agency for a period of not less than four years.  Where  the
  reported  incident involved an offense committed against a person who is
  sixty-five years of age or older a copy of the report required  by  this
  subdivision  shall  be  sent  to  the  New  York state committee for the
  coordination of police services to elderly persons established  pursuant
  to section eight hundred forty-four-b of the executive law.