Erstellt von Emily Deragon
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CPL 120.10
the warrant of arrest is issued by what court?
CPL 120.10
the warrant of arrest police officers to arrest a defendant and bring him before court for the sole function of achieving defendants court appearance in a criminal action for the purpose of ___ upon the accusatory instrument by which such action is commenced
CPL 120.10
a warrant of arrest must be subscribed (signed) by the issuing judge and must state or contain what 6 things?
CPL 120.20
when a criminal action has commenced in a LCC or youth part of the superior court by filing of an accusatory instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court: such court MAY/MUST issue a warrant of arrest if it believes the accusatory instrument is sufficient on its face
CPL 120.20
when a criminal action has commenced in a LCC or youth part of the superior court by filing of an accusatory instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court: if the accusatory instrument is not sufficient on its face and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw up and file an accusatory instrument that is sufficient on it face, the court must do what?
CPL 120.20
when is an accusatory instrument sufficient on its face?
CPL 120.20
Even though such accusatory instrument is sufficient on its face, the court MAY/MUST refuse to issue a warrant until it has satisfied itself, by inquiry or examination of witnesses (under oath) that there is a reasonable cause to believe that defendant committed an offense charged
CPL120.10
The court MAY NOT issue a warrant of arrest when satisfied defendant will respond to a ___. The court may authorize the DA to direct defendant to appear for arraignment if it's satisfied the defendant will appear
CPL 120.30
A warrant of arrest may only be issued by what two courts?
CPL 120.30
where is a warrant of arrest returnable?
CPL 120.30
however, if a particular accusatory instrument is to be filed with a particular town court and such town court is not available at the time such instrument is sought to be filed and a warrant obtained, such accusatory instrument may be filed with the town court where?
CPL 120.30
if an instrument is to be filed with a particular village court and such village court is not available at the time, it may be filed with the town court of the town embracing such village or if such town court isn't available either where can it be filed?
CPL 120.40
when the warrant of arrest issued by a town, village, or city court has the accusatory instrument attached to it, if defendant is brought to another LCC other than the 2 above, is the fact that it has the instrument attached good enough for arraignment?
CPL 120.50
a warrant of arrest may be addressed to any police officer or classification of police officers whose geographical area of employment embraces either the place where the offense charged was allegedly ___ or the locality of the court by which the warrant was ___
CPL 120.55
if the defendant named in a warrant of arrest issued by a LCC or youth part of the supreme court is under the supervision of the state division of parole or a local or state probation department, then a warrant for his arrest MAY/MUST be executed by a parole or probation officer
CPL 120.60
a police officer may designate another officer to execute the warrant when what 3 things?
CPL 120.60
peace officer appointed by the state university may inform delegated officer by ____, ____, or any other means of issuance of warrant and request him to act as an agent arresting defendatn
CPL 120.70
warrants issued by district court, the New York city criminal court, the youth part of superior court, or Superior court sitting as a LCC may be excecated where?
CPL 120.70
a warrant of arrest issued by a city court or town court may be executed in what two places?
CPL 120.80
a warrant of arrest may be executed when?
CPL 120.80
the arresting 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 it to the defendant if he is in possession, if not in possession when?
CPL 120.80
the arresting officer doesn't have to announce the warrant and show the defendant if what 3 factors render normal procedure impractical?
CPL 120.80
may the police officer use physical force if justifiable?
CPL 120.80
in order to effect the arrest the police officer MAY under certain circumstances, enter any premises in which he believes the defendant to be ____
CPL 120.80
if the police officer believes that the place where the defendant is (probably hiding) is the dwelling of a 3rd party who is not the subject of the arrest warrant, the officer MUST give or make reasonable effort to give, notice of what?
CPL 120.80
the police officer does not have to give notice to the occupant of a 3rd party dwelling if notice will cause what 3 things?
CPL 120.80
in what 2 situations can an officer enter a premises and break if necessary?
CPL 120.90 Warrant- procedure after arrest:
after the arrest the officer MUST bring the arrested person without ____ to the LCC or the youth part of the supreme court that issued the warrant
CPL 120.90 Warrant- procedure after arrest:
if the officer was designated by another officer he must deliver to the officer that designated him, the person arrested without ___
CPL 120.90 Warrant- procedure after arrest:
if the person is arrested for something other than a felony, in a county other than the one in which the warrant is issued or an adjoining county, he officer making the arrest must inform the defendant of his right to appear in the LCC where the arrest was made for the purpose of ___ or ___
CPL 120.90 Warrant- procedure after arrest:
if he waives that right he must do what?
CPL 120.90
if he does not waive that right, the LCC must do what?
CPL 120.90
if the officer was delegated by another officer, he can hold the person for up to __ hours while waiting to deliver him to the designated officer. otherwise he has to afford the defendant the opportunity to appear in a LCC to have bail set or ROR
CPL 120.90
when an accusatory instrument is attached and the arresting officer is required to bring defendant to a town court that isn't available, where can the arresting officer bring defendant?
CPL 120.90
if the court in which the warrant is returnable is a city court and such court is not available at the time, the officer must in such circumstances, bring the defendant before the LCC where?
CPL 120.90
whenever a police officer is required to bring an arrested defendant before a youth part of the superior court in which a warrant is returnable, and if such court is not in session, such officer must bring the defendant where?
CPL 120.80
before bringing a defendant arrested pursuant to a warrant before the LCC or youth part of the superior court in which such warrant is returnable, the police officer must without unnecessary delay preform all ____ and ___ required in the particular case. if person was arrested and then let go by an out of area court, when he comes in to be arraigned is when these things shall be done.
CPL 120.90
upon arresting a juvenile offender or adolescents offender, the police officer must do what immediatly?