Section 223. Duties and powers of the superintendent of state police and of members of the state police  


Latest version.
  • 1.  It  shall  be  the  duty  of  the
      superintendent of the state police and of members of the state police to
      prevent  and  detect  crime  and apprehend criminals. They shall also be
      subject to the call of the governor and are empowered to co-operate with
      any other department of the state or with local authorities. They  shall
      have  power  to  arrest,  without  a  warrant,  any person committing or
      attempting to commit within their presence or view a breach of the peace
      or other violation of law, to serve and execute warrants  of  arrest  or
      search  issued  by  proper authority and to exercise all other powers of
      police officers of the state of New York. Any such  warrants  issued  by
      any  magistrate  of the state may be executed by them in any part of the
      state according to the tenor thereof without indorsement. But they shall
      not exercise their powers within the limits  of  any  city  to  suppress
      rioting  and  disorder  except  by direction of the governor or upon the
      request of the mayor of the city with the approval of the governor.  Any
      member  of  the  rank of sergeant or above may take pre-arraignment bail
      from any defendant in  the  amounts  and  under  the  circumstances  and
      conditions that police may take bail.
        2.  The  superintendent  may,  by  written  order,  designate a police
      officer, as  defined  in  paragraph  (b),  (c)  or  (d)  of  subdivision
      thirty-four  of  section  1.20  of the criminal procedure law, to assist
      members of the state police in order to  more  effectively  address  the
      detection  of  crime  and apprehension of criminals within the state and
      its localities.  Police officers so designated, while  actively  working
      in  conjunction  with  members of the state police either directly or as
      part of a specific task force, shall be paid by and remain employees  of
      their  particular  county, city, town or village, but shall for purposes
      of the criminal procedure law, have their geographic area of  employment
      deemed to be New York state.
        * NB Effective until September 1, 2011