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Legal Opinion

Opn. No.

New York Attorney General Reports

Decided December 17, 2007Published

1Opinion of the Court

Bernetta A. Bourcy County Attorney Yates County 415 Liberty Street Suite 204 Penn Yan, New York 14527

Dear Ms. Bourcy:

You have requested an opinion regarding the authority of certain peace officers to (1) physically restrain a person against whom the peace officer knows an arrest warrant is outstanding until a police officer arrives to make the arrest, and (2) make a warrantless arrest of such a person. As explained more fully below, although not free from doubt, we are of the opinion that when a peace officer becomes aware of an outstanding warrant through the performance of his special…

2Cases cited10 opinions

  1. People v. MaldonadoNew York Court of Appeals · 1995
  2. People v. JenningsNew York Court of Appeals · 1981
  3. United States v. MillerDistrict Court, N.D. New York · 2005
  4. People v. KarpAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1994

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