Use-of-Force Continuum: New York Statutory Definitions
Training
Citation
Summary and Notes
Justification; use of physical force in making an arrest or in preventing an escape.
Relevant Excerpt
Allows an officer to use physical force only when he or she “reasonably believes such to be necessary” to effect arrest, prevent escape, or defend a person or property from harm.
Justification; use of physical force in defense of a person.
1. The chief of every police department, each county sheriff, and the superintendent of state police shall report to the division, in a form and manner as defined in regulations by the division, any instance or occurrence in which a police officer, as defined in subdivision thirty-four of section 1.20 of the criminal procedure law, or a peace officer, as defined in section 2.10 of the criminal procedure law, employs the use of force as follows ...
2. On an annual basis, the commissioner shall conspicuously publish on the department's website a comprehensive report including the use of force information received under subdivision one of this section during the preceding year. Such reports shall not identify the names of the individuals involved, but for each event reported, shall list the date of the event, the location disaggregated by county and law enforcement agencies involved, the town or city, and any additional relevant location information, a description of the circumstances of the event, and the race, sex, ethnicity, age, or, if unknown, approximate age of all persons engaging in the use of force or suffering such injury.
Governs NY police behavior during arrests.
1. A police officer may arrest a person for an offense, pursuant to section 140.10, at any hour of any day or night.
2. The arresting police officer must inform such person of his authority and purpose and of the reason for such arrest unless he encounters physical resistance, flight or other factors rendering such procedure impractical.
3. In order to effect such an arrest, such police officer may use such physical force as is justifiable pursuant to section 35.30 of the penal law.
4. In order to effect such an arrest, a police officer may enter premises in which he reasonably believes such person to be present, under the same circumstances and in the same manner as would be authorized, by the provisions of subdivisions four and five of section 120.80, if he were attempting to make such arrest pursuant to a warrant of arrest.
NYPD policy, Patrol Guide--Series 221
First enacted and effective Jun. 1, 2016
All policies bearing on use of force.
221-01: Force guidelines
221-02: use of force
221-07: use of pepper spray devices
221-08: use of conducted energy devices
221-13: Mentally ill or emotionally disturbed persons
221-15: Vehicle pursuits
221-16: Vehicle checkpoints