A person shall not be arrested or detained except as provided
by law.
When a private person charges another with a misdemeanor committed
in his presence but not committed in the presence of a member of the
Department, the latter shall inform the complainant of his right to
arrest the person charged. If the officer has reasonable cause for
believing that said person has been legally arrested, he shall take
said person into custody.
An arresting officer shall not remove a prisoner charged with
the operation of a mechanical apparatus which may be dangerous to
life and property until it has been safeguarded.
A.
Members of the Department are responsible for the humane treatment
and safekeeping of a prisoner in their custody or detained in a building
or part thereof or detention area over which they have supervision.
B.
A prisoner's hands shall be handcuffed behind his body immediately
after being taken into custody by the arresting officer and shall
remain handcuffed while in police custody, except when lodged in a
detention cell or at the actual time of arraignment, examination or
trial. The court may order the prisoner to be held in restraint during
any court proceeding.
Members of the Department shall make known the arrest of any
person by taking such person to the headquarters in which the arrest
is made for search and booking. An appropriate entry concerning the
arrest constitutes booking. When a child who is actually or apparently
under the age of 16 years is arrested, the arresting officer shall
notify the Juvenile Aid Bureau.
A.
A male prisoner shall be carefully frisked immediately upon arrest
by the arresting officer. Upon arrival at headquarters, the prisoner
shall be subjected to a thorough strip search.
B.
A female prisoner shall be searched by a policewoman or matron with
all possible privacy, except for the cursory examination of outer
garments, handbag, luggage and the like.
C.
When a policewoman arrests a male prisoner, a male police officer
shall act in her stead to conduct the search.
D.
The arresting officer is responsible for seeing that all the property
is removed from the prisoner, including:
(1)
Property unlawfully carried.
(2)
Property required as evidence.
(3)
Property lawfully carried but dangerous to life or would facilitate
escape. Property dangerous to life includes, but is not limited to,
watches, metal cigarette cases, pocketbook mirrors, eyeglasses, other
articles containing glass or having sharp edges, belts, neckties and
similar articles which could be used to attempt or commit suicide.
Property which could facilitate escape includes brass tube fillers
for ballpoint pens which can be used as keys to open handcuffs.
An unconscious or seriously injured prisoner shall not be taken
to headquarters. An ambulance shall be summoned and said prisoner
shall be removed to a hospital. The arresting officer shall search
the prisoner, if male, in the presence of witnesses and shall take
all property from him as required by these rules and procedures. If
a female, the search of such prisoner is left to a matron or the hospital
authorities.
A.
When a member of the Department has reasonable grounds to believe
that the operator of a motor vehicle or motorcycle is intoxicated
by virtue of alcohol or that the person's ability to operate
is impaired by virtue of alcohol or drugs, he shall arrest the said
operator in conformity with Article 31, § 1192, of the Vehicle
and Traffic Law or, in applicable instances, as authorized by Article
31, § 1193 of the Vehicle and Traffic Law.
(1)
Note: The New York State Vehicle and Traffic Law contains only
two instances in which a police officer can arrest for a misdemeanor
not committed in his presence. One instance is found in § 1193,
which authorizes an arrest by a police officer without a warrant for
driving while intoxicated coupled with an accident, even though the
officer did not witness the operation of the vehicle by the accused.
The other is found in § 602, which permits the arrest without
a warrant in cases involving the leaving of the scene of an accident.
(2)
The right of the officer to make an arrest under these two sections
should not be confused with the right to issue a uniform traffic ticket.
In these two types of cases, where the officer is the complainant,
the uniform traffic ticket should not be used unless the officer witnessed
the operation of the vehicle. In all other cases, a long-form information,
based on information and belief and citing the source of the belief,
should be used. In addition, a verified affidavit obtained from someone
who can put the defendant behind the wheel of the car should be obtained
and attached to the long-form information. Only by handling the case
in this manner will the trial court have legal jurisdiction.
B.
When a member of the Department does not have reasonable grounds
to believe that the operator of a motor vehicle or motorcycle involved
in an accident or other incident was operating said motor vehicle
or motorcycle in an intoxicated condition or while his ability to
operate said motor vehicle or motorcycle was impaired and another
operator or any person demands that an arrest be made, he shall advise
such person that he cannot make an arrest.
C.
If, after a citizen's arrest has been effected for an alleged
violation of operating a motor vehicle or motorcycle while in an intoxicated
condition or while ability to operate is impaired and the prisoner
has been turned over to a member of the Department who has reasonable
grounds to believe that the prisoner did operate such motor vehicle
or motorcycle while in an intoxicated condition or while his ability
to operate was impaired as alleged, he shall proceed as if he had
effected the arrest.
D.
If the prisoner refuses to submit to such chemical tests after being
requested to do so, the tests shall not be given, and the arresting
officer must submit a sworn statement on the required form, which
shall be submitted to the Commissioner of Motor Vehicles, stating
that he had reasonable grounds to believe that such arrested person
had been driving in an intoxicated condition or while his ability
to operate was impaired and that said person had refused to submit
to such test and that he warned the prisoner that refusal to submit
to the chemical test may result in the revocation of his license or
operating privilege, whether or not he is found guilty of the charge
for which he is arrested.
E.
When the prisoner consents to submit to a chemical test for intoxication,
a blood, urine or breathalizer test shall be administered. The blood
and urine kits required for the administering of these tests are supplied
by the police laboratory and are available at headquarters. Until
such time as this Department administers its own breathalizer test,
the facilities of the Sag Harbor Police Department shall be utilized,
and the procedure followed shall be according to the instructions
of that Department.
F.
The officer shall notify, without delay, a member of the Department
to fingerprint and photograph all persons arrested for operating a
motor vehicle or motorcycle in an intoxicated condition.
G.
The officer shall notify the Communications Section of the arrest
and shall request that a teletype be dispatched to the Safety Division
of the Motor Vehicle Bureau for a record check and safety check.
H.
Any prisoner charged with driving while intoxicated cannot be admitted
to bail until fingerprints and photographs have been obtained. This
does not apply to impaired ability to drive.
I.
Blood test for determining the alcohol or drug content of the blood.
(1)
The officer having the prisoner in custody must personally request
the physician or registered professional nurse to take a specimen of the prisoner's blood
(except as directed in § 310-141B), with the officer acting
as a witness.
(2)
The blood test must be given within two hours of the time of
arrest.
(3)
The blood specimen is obtained in accordance with the blood
kit supplied by the Suffolk County Police Laboratory.
(4)
The officer who witnesses the taking of the blood specimen shall
ensure delivery of the kit containing said blood specimen to the police
laboratory as soon as practical.
(5)
The officer delivering the kit containing said blood specimen
shall note the serial number, time and date he picked up the kit containing
said blood specimen and the time, date and name of the person to whom
he delivered the kit containing said blood specimen at the police
laboratory.
(6)
A written record shall be kept of all persons through whose
hands the kit containing said blood specimen passes before it reaches
the laboratory and shall be made a permanent part of the arrest records.
(7)
In the event that the services of a physician or registered
professional nurse cannot be secured, the prisoner shall be conveyed
to the nearest hospital, and the services of a physician or registered
professional nurse shall be obtained, who shall take the blood specimen
in accordance with the above regulations.
J.
Urine test for determining alcohol or drug content of the blood.
(1)
The kit supplied by the police laboratory shall be used for
the container.
(2)
The arresting officer should obtain two separate specimens of
the person's urine, 30 minutes apart, with a witness present.
(3)
The urine test must be made within two hours of the time of
arrest.
(4)
The urine specimen shall be obtained in accordance with the
urine kit supplied by the police laboratory.
(5)
The officer who witnesses the taking of the urine specimen shall
ensure delivery of the kit containing said urine specimen to the police
laboratory as soon as practical.
(6)
A written report shall be kept of all persons through whose
hands the kit containing the urine specimen passes before it reaches
the laboratory and shall be made a permanent part of the arrest record.
K.
Breathalizer test.
(1)
The officer shall be sure to have the radio operator call the
Southampton or East Hampton Town police as soon as he has ascertained
the need for a breathalizer test so that they will have sufficient
time to alert a technician.
(2)
The officer shall remember that the prisoner's security
remains his responsibility even at the Southampton Town police facilities.
Prisoners, therefore, should be handcuffed going to and from and while
therein.
A.
Provisions of the Criminal Procedure Law, Articles 500, 510, 520,
530 and 540, control the taking of bail by a police officer.
B.
It is to be noted that, in cases of misdemeanors, with certain stipulated
exceptions, bail is a matter of right. See above-designated sections
of the Criminal Procedure Law.
C.
Bail will be accepted in the amounts as specified in the Criminal
Procedure Law, § 150.30, only as follows:
(1)
In all instances, the officer admitting the defendant to bail
shall fill in the required information in Paragraphs 1 and 4 on the
face side of the undertaking (UR-25).
(2)
Personal undertaking.
(a)
Cash bail only will be accepted. Cash bail must be posted by
the defendant himself; no other person may post this bail. The officer
shall insert the name of the defendant in the space following "I"
in Paragraph 2.
(b)
The defendant shall sign his name in the space designated "Principal."
The officer shall witness said signature and complete the undertaking
as prescribed.
(3)
Oath of ownership on the reverse side of UR-25. This is to be
used only in those instances in which the bail is posted on a personal
undertaking. The officer shall insert the name and address of the
defendant in the designated spaces. The defendant shall sign in the
space designated "Principal." The officer shall witness the signature
of the defendant and sign in the allotted space as prescribed.
(4)
Bail may also be taken in the form of a bail bond issued by
a corporate surety duly authorized to conduct such business in this
state. The desk officer shall ascertain that the company and the representative
are properly licensed in the State of New York. He shall require the
representative to produce a current valid power of attorney with the
financial statement of the bonding company for the last fiscal period
attached thereto. He shall make certain that the undertaking is executed
by the defendant and the bondsman (surety) in his presence and that
he witnesses same.
(5)
Bail with surety procedure.
D.
Payment of bail will be designated on the undertaking of the Village
of Sag Harbor. A police officer taking bail pursuant to the above
subsection shall deliver the written undertaking with corporate security
or cash bail and oath of ownership to the Court Clerk.
E.
A desk officer must take bail for a prisoner arrested on a warrant,
if the charge is one for which the desk officer may accept bail and
all other conditions are satisfied. The amount of bail taken shall
be as designated on the warrant by the issuing Magistrate, not to
exceed $500. If the Magistrate issuing the warrant has not designated
thereon the amount of bail required, the desk officer shall accept
bail in the amount as stipulated in Article 150, § 150.30,
Subdivision 2, of the Criminal Procedure Law.
F.
Upon the acceptance of bail by the police officer from a defendant
arrested on a warrant, the officer shall designate a date, not later
than one week after such acceptance, for the appearance of the defendant
before the issuing Magistrate. He shall inform the defendant of the
date designated and note same upon the warrant. The warrant, together
with the undertaking and bail, shall be forwarded to the Court Clerk.
G.
When a prisoner has been admitted to bail by a police officer, notation
shall be made in the arrest book as follows: name of prisoner, charge,
court, amount (state cash or bond), time released and date for appearance
in court.
H.
Distribution of undertaking (UR-25).
I.
A member of the Police Department shall be disqualified as a surety
for bail.
