Warrant of arrest; when and how executed
§ 153-a. Warrant of arrest; when and how executed. (a) A warrant of arrest may be executed on any day of the week, and at any hour of the day or night.
(b) Unless encountering physical resistance, flight or other factors rendering normal procedure impractical, the arresting police officer must inform the subject named therein that a warrant for his arrest for attendance at the proceeding designated therein has been issued. Upon request of such subject, the police 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 subject upon request as soon after the arrest as possible.
(c) 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.
(d) In order to effect the arrest, the police officer may enter any premises in which he reasonably believes the subject named therein to be present. Before such entry, he must give, or make reasonable effort to give, notice of his authority and purpose to an occupant thereof.
(e) If the officer, after giving such notice, is not admitted, he may enter such premises, and by a breaking if necessary.
(a) A warrant may be executed any day, any hour. ★ (b) The officer tells the subject a warrant issued and shows it on request (need not carry it). (c) May use justifiable physical force (Penal Law § 35.30). (d)–(e) May enter premises where the subject is reasonably believed to be, after giving notice of authority and purpose, and by breaking in if necessary when not admitted.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.