New York statute
N.Y. Criminal Procedure Law § 120.80 — Warrant of arrest; when and how executed
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 120: Warrant of Arrest, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 120.80
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
120.80 Warrant of arrest; when and how executed.
1. A warrant of arrest may be executed on any day of the week and at
any hour of the day or night.
2. Unless encountering physical resistance, flight or other factors
rendering normal procedure impractical, the arresting police officer
must inform the defendant that a warrant for his arrest for the offense
designated therein has been issued. Upon request of the defendant, the
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 defendant upon request as soon after the arrest
as possible.
3. 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.
4. In order to effect the arrest, the police officer may, under
circumstances and in the manner prescribed in this subdivision, enter
any premises in which he reasonably believes the defendant to be
present; provided, however, that where the premises in which the officer
reasonably believes the defendant to be present is the dwelling of a
third party who is not the subject of the arrest warrant, the officer
shall proceed in the manner specified in article 690 of this chapter.
Before such entry, he must give, or make reasonable effort to give,
notice of his authority and purpose to an occupant thereof, unless there
is reasonable cause to believe that the giving of such notice will:
(a) Result in the defendant escaping or attempting to escape; or
(b) Endanger the life or safety of the officer or another person; or
(c) Result in the destruction, damaging or secretion of material
evidence.
5. If the officer is authorized to enter premises without giving
notice of his authority and purpose, or if after giving such notice he
is not admitted, he may enter such premises, and by a breaking if
necessary.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.