CPL- Session 4 Flashcards
What are the answers to the following conditions in regards to Arrest Warrants:
* Who can apply
* Who can execute
* Are there time limits
* Can officers enter without notice
* Must the server have the summons with them/ show the summons
* When can it be served
* Can force be used
* What court can issue
* What can be seized
- Apply- Only Police Officers who’s G.A.O.E covers the county of offense or court if issuance
- Execute- Police officer to whom the warrant is addressed or authority is delegated (authority can not be delegated to officers within the same county)
- Time limit- NO
- Enter without notice- Yes only if evidence, endanger, or escape risks
- Have/ Show- Don’t need it in your possession, must show if requested and you have it on you, if not in your possession you must show when you have it available to you
- When- Any day, any time
- Force- Yes can be used
- Court- Local Criminal Courts (If signed by town, village, or city court judge- only good for county of issuance and adjoining, can be extended to others with endorsement from judge in that county) (If signed by district court judge, superior court judge sitting as local, or NYC criminal court judge- good statewide)
- Seized- Person named or described
Does a defendant have an absolute right to counsel when arrested on an arrest warrant? If so why?
Yes a defendant in this situation has an absolute right to counsel because an accusatory instrument has been filed
If the accusatory instrument is not sufficient on its face and cannot be made sufficient, the court must dismiss it.
Where can an arrest warrant issued by a court other than town, village, or city court be executed?
Anywhere in the state without need for indorsement
What happens after an arrest on a **felony **warrant anywhere in the state?
The defendant is brought to the issuing court.
What is the procedure after an arrest on a less than felony warrant when the defendant is arrested in the county of issuance or an adjoining county?
The defendant is brought to the issuing court.
What options are presented to a defendant arrested on a less than felony warrant in a county further away than an adjoining county?
The defendant can go to court there or go back to the issuing court, unless in default of bail.
If a copy of the underlying accusatory instrument is attached to the warrant issued by a
* Town Court
* Village Court
* City Court
What are the alternative court procedures?
Town Court- Alternate can be:
* ANY VILLAGE court in the town or any local criminal court of an ADJOINING town or city of the same county or any VILLAGE court in the adjoining town
* Any local criminal court of an adjoining town or city of the same county
* Any village court in the adjoining town
Village Court- Alternate can be:
* the TOWN court in the town where the village is located
* any other VILLAGE court in the town
* any local criminal court of any TOWN or CITY of the same county which adjoins the town; or any VILLAGE court embraced by such town.
City Court- Alternate can be:
* any adjoining TOWN or VILLAGE court in the adjoining TOWN of the same county.
Default of bail has no impact on alternative court
Can an arrest warrant be delegated to a county outside the issuing county?
Yes
What happens if a less than felony warrant is delegated beyond an adjoining county?
The defendant can be held for two hours and then given the option to go to court there or go back to the issuing court.
True or False: ‘John Doe’ arrest warrants are permitted.
False.
Name is not a definitive requirement however at least a name or description by which the defendant can be identified with certainty is needed
What is the sole purpose of an arrest warrant?
To get the defendant into court for arraignment.
To whom can an arrest warrant be addressed?
- Police where the offense was committed
- Police where the court is located
To whom can a bench warrant be addressed to?
Police officers whose G.A.O.E. covers the place where the offense was allegedly committed or the locality of the court which issues warrant
- or-
Uniformed court officers in:
* Nassau
* Suffolk
* NYC
* Westchester
These courts are part of the unified court system
These court officers can only execute these warrants in the court building or the immediate vicinity
What must be obtained to enter the residence of a 3rd party who is not the subject of the warrant of arrest?
A search warrant as per Art. 690 C.P.L.
