New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
