If Auxiliary Police Are Only Civilians Than Why Do They Carry Hand-cuffs Of Duty.

[APONY]

New York City Auxiliary Police are allowed by law and the Police Department to carry hand-cuffs of duty. What seems to confuse me is the fact that Auxiliary Police are supposed to be civilians with no PEACE OFFICER STATUS although the state has them registered as Part-Time peace officers. I dont get it. Does a regular civilian have the same right to carry hand-cuffs. I think not. And if in fact; hopefully a real cop can clear this up for me here; if a civilian is found carrying hand-cuffs what charge will this civilian face. Will it be a felony or misdameanor. Sorry if I miss-spelled. Again I see another contradiction of the department. Can someone correct me if I am wrong?

[PDJoe]

No charge. Simply carrying them is not a crime according to a cop I spoke to.

I use them at my job, and I'm a civilian

[bkny27]

its a violation. they can recieve a criminal court summons and have to go to court.

[PDJoe]

Anyone can buy handcuffs they are not illegal. It's use when unwarrented that's illegal. Again, I use handcuffs at my job, and (am supposed to) carry them at all times. I'm in Nassau/Suffolk, I do not know if laws differ elsewhere.

[kxl77]

its a violation. they can recieve a criminal court summons and have to go to court.

+1

[PDJoe]

maybe it's different for me because im covered under the general business law? IDK

[PDJoe]

I stand corrected

http://law.onecle.com/new-york/new-york-city-administrative-code/ADC010-147_10-147.html

It is the general business law i'm covered under.

and Aux PD are covered as well.

[AuxNY]

Aux are supposed to carry their badges and ID cards at all times, on duty and off. Since they are required to carry their badges and IDs at all times, it really does make sense to permit them to carry handcuffs also.

[NYCTNT]

The charge would be a simple violation.

I would assume an aux can be permitted to carry them due to the fact they can initiate CITIZENS ARREST. It would look pretty rediculous if an aux was to catch a burglar and then just hold him to the floor with no restraints.

An aux as well as any other citizen can perform a citizens arrest as well... except an aux can be identified better with their shield.

Same goes for a security guard/loss prevention. They can perform citizens arrest for the larcenies within the store, so they may carry handcuffs to initiate the arrest.

No offense to any security/loss prevention on here.. but.. is it really necessary to make us collar a kid for $5.00 in chips and drinks? Seriously now.. you guys are not arresting anyone per say.. you guys dump that crap on us over $5. Also to mention it is a waste of resources and tax payer money in court.

Sorry for the rant but I bump into way too many loss prevention guys who think they are the cops and are making a big bust over nonsense.

end rant/

[cbioc329]

i used to work loss prevention....and only called nassau pd when the larceny was over 100 dollaars...anything under that seemed a little ridiculous....i agree

[Brendon]

Since Aux Police are registered as Part time Peace Officers, they may carry handcuffs.

[NYPO]

The charge would be a simple violation.

I would assume an aux can be permitted to carry them due to the fact they can initiate CITIZENS ARREST. It would look pretty rediculous if an aux was to catch a burglar and then just hold him to the floor with no restraints.

An aux as well as any other citizen can perform a citizens arrest as well... except an aux can be identified better with their shield.

Same goes for a security guard/loss prevention. They can perform citizens arrest for the larcenies within the store, so they may carry handcuffs to initiate the arrest.

No offense to any security/loss prevention on here.. but.. is it really necessary to make us collar a kid for $5.00 in chips and drinks? Seriously now.. you guys are not arresting anyone per say.. you guys dump that crap on us over $5. Also to mention it is a waste of resources and tax payer money in court.

Sorry for the rant but I bump into way too many loss prevention guys who think they are the cops and are making a big bust over nonsense.

end rant/

here is your solution, you take the perp, put them in your car drive a few blocks away write the guy a C summons or something and go 98. There's no point in collaring and going through with everything especially if its a crakhead who will go through withdrawls and now you have to bring them to the hospital. Over $5 worth of stolen merchandise? Its not worth it. Oh not that I have done this before...........

[kxl77]

But he'll probably pop anyway ;)

[NYCTNT]

Its not so easy to do.. only in the movies they can do that.

[Munlaw]

What is a C Summons in NYS ? Is it a summons for an administrative law violation ?

[Brendon]

A C summons is a criminal summons.

[NYPO]

Its not so easy to do.. only in the movies they can do that.

Trust me, it can and is done. Is it right? NO, BUT when you are hold 5 jobs and are already down 2 sectors because they collared up on legit collars the sgt thanks you when he heres you go 84 and then give it back as 91. Every command is different but thats how my command does it

[michael78]

Because New York city is very liberal, There are some many non-law enforcement agencies outside of New York That carry firearmsfire inspectors,code enforcement etc..

[NYCTNT]

Umm.. yea SGT thanks you and then the Captain reams you for letting it go and not writing up a release letter for wrong disposition.

[APONY]

S T A T E O F N E W Y O R K
__________________________________________________ ______________________

2893

2009-2010 Regular Sessions

I N A S S E M B L Y

January 21, 2009
___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Codes

AN ACT to amend the penal law, in relation to authorizing municipal
auxiliary police to possess handcuffs while not in uniform

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Section 265.20 of the penal law is amended by adding a new
2 subdivision e to read as follows:
3 E. NOTHING CONTAINED WITHIN THIS TITLE SHALL PROHIBIT ANY MEMBER OF AN
4 AUXILIARY POLICE FORCE OF ANY CITY FROM POSSESSING HANDCUFFS WHEN DULY
5 AUTHORIZED BY REGULATION OR ORDER ISSUED BY THE POLICE COMMISSIONER OF
6 SUCH CITY. SUCH REGULATIONS SHALL PERMIT THE POSSESSION OF HANDCUFFS
7 REGARDLESS OF WHETHER THE MEMBER IS IN UNIFORM.
8 S 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.






EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05727-01-9

[APONY]

New York City Administrative Code Section 10-147 - Possession Of Handcuffs, Thumb-cuffs Or Leg Irons By Unauthorized Persons Prohibited.



§ 10-147. Possession of handcuffs, thumb-cuffs or leg irons by
unauthorized persons prohibited. a. It shall be unlawful for any person
to knowingly possess any type of handcuffs, including disposable cinch
cuffs, thumb cuffs or leg irons. This section shall not prohibit the
possession of toy handcuffs which by their construction cannot be used
to restrain an individual.
b. The prohibition of this section shall not apply to the following
persons:
1. any peace officer, police officer or any person appointed as a
police officer by the superintendent of state police; or
2. any police officer or peace officer of another state while
conducting official business within the state of New York; or
3. any employee of the city, charged with the care or custody of a
juvenile committed to a secure detention facility, while on duty or
while traveling to or from his or her assigned duty; or
4. any person in military service or other service of the state, or of
the United States, in pursuit of official duty or when duly authorized
by federal or state law, regulation or ordered to possess the same
articles prohibited by this section; or
5. any member of the auxiliary police force; or
6. any special patrolman appointed by the police commissioner, while
on duty or while traveling to or from his or her assigned place of duty;
or
7. any licensed private investigator or any employee of a watch,
guard, or patrol agency licensed by the secretary of state under article
seven of the general business law, or any employee of a person, firm or
corporation operating an armored car transportation service, while such
person is acting in the course of his or her employment or is traveling
to or from his or her place of employment; and
8. any employee of a person, firm or corporation engaged in the
business of manufacturing, selling or transporting such handcuffs,
including disposable cinch cuffs, thumb cuffs or leg irons, which are
intended for possession by persons authorized by this section, while
such person is acting in the course or his or her employment or is
traveling to or from his or her place of employment; or
9. any person engaged in a business activity which requires the
utilization of such handcuffs, including disposable cinch cuffs, thumb
cuffs or leg irons as authorized pursuant to regulations promulgated by
the police commissioner, while such person is acting in the course or
his or her employment or is traveling to or from his or her place of
employment.
c. Any person found in violation of this section shall be punished by
a fine of not less than fifty dollars nor more than two hundred dollars
or imprisonment of not more than ten days or both.


Last modified: August 13, 2006

[APONY]

No charge. Simply carrying them is not a crime according to a cop I spoke to.

I use them at my job, and I'm a civilian

Hey Joe, This is the facts in BLACK AND WHITE.

[APONY]

Well, Sorry civilians. You can not carry cuffs. But why are auxiliary police called civilians and are allowed to carry cuffs off duty. Oh, I'm sorry I forgot what we are called: auxiliary "POLICE"

[NYCTNT]

Seriously.. do not flatter yourself.

You are an absolute civilian IN or OUT of uniform.

Yes, you may carry handcuffs for the reason to perform a CITIZENS ARREST. Not warrantless arrests, complaint/past arrests, arrest on warrants or anything to that nature. Obviously a citizen is not permitted to carry them in plainclothes because it is not common for them to drive around in a marked police-looking vehicle and get flagged down for different things because they are mistaken as the "real police". You guys on the other hand are.

You do not write up online arrest forms nor do you talk to and write up affidavits with the ADA.

I see in lines 3 and 7, who are complete and total civilians.. who such as yourself are also allowed to carry handcuffs. I truly do not believe they think they are the "POLICE" because they can carry them.

[NYSJAILER2008]

no its not a violation at all they are allowed to carry but concield (--- spelling might be off
It is a violation for a civillian to have handcuffs, unless you are on the exempt list. Its like $50 fine and up to 3 days in jail.

[MaxPower]

It is a violation for a civillian to have handcuffs, unless you are on the exempt list. Its like $50 fine and up to 3 days in jail.

does that apply to NYC only or is there a PL charge for it?

[NYSJAILER2008]

does that apply to NYC only or is there a PL charge for it?
New York City Administrative Law Code Section 10-147 - Possession Of Handcuffs, Thumb-cuffs Or Leg Irons By Unauthorized Persons Prohibited and I apologize the punishment is this :c. Any person found in violation of this section shall be punished by
a fine of not less than fifty dollars nor more than two hundred dollars
or imprisonment of not more than ten days or both.

[District B 13]

Damn...so much for fun sex....

[APONY]

Training, Power, and Authority

Auxiliary Police recruits must pass a 16-week "Auxiliary Police Basic Training Course" which is classified as "Part Time Peace Officer Training". Auxiliary recruits are required by the New York State Municipal Police Training Council to undergo and pass this training course before they become Auxiliary Police officers. The training given in this course includes training in penal law, police science, powers of a peace officer, radio use, unarmed self defense, self defense with a straight baton, first aid, and arrest procedures.

In 2008, the NYPD revised the training course to include training in location and use of pressure points, dealing with domestic violence situations, firearm safety, and terrorism awareness. A written and physical exam is given at the end of training. Upon the completion of the Basic Training Course, the physical exam, and the written exam, probationary Auxiliary Police officers are issued their shield and police identification card along with their baton and initial uniform allowance voucher.[3]

All Auxiliary Police officers are required by New York State to pass an annual refresher course in the use of force with the straight baton, arrest procedures, and Equal Employment Opportunity (EEO) in order to maintain their peace officer status.

Auxiliary Police officers are certified as "Part-Time Peace Officers without Firearms Training" by the New York State Division of Criminal Justice Services-Municipal Police Training Council and are registered as peace officers in the NYS DCJS registry of peace officers.

Although volunteers, Auxiliary Police officers are city employees while on duty and may be eligible for Workers' Compensation in the event of injury while on duty.

Auxiliary Police officers who work the minimum required hours per fiscal year receive an annual uniform allowance check to help pay for new and replacement equipment and uniforms.


Laws


* Auxiliary Police officers may carry and use straight batons under the authority of NYS Penal Law 265.20 b.

* Auxiliary Police officers may carry and use handcuff restraints both on and off duty in accordance with NYC Administrative Code 10-147

* Auxiliary Police officers may physically detain violators of Misdemeanors and Felonies under the State of New York Civil Defense Act Article # 8 Section # 105

* Auxiliary Police officers injured while on duty are provided Workers Compensation under NYC Administrative Code Section 14-147 of chapter 1 of title 14

* Auxiliary Police officers receive an annual uniform allowance in accordance with the NYC Administrative Code Section 14-148

* Auxiliary Police officers are included in the "fellow officer rule" and may make an arrest for a crime which was not committed in their presence based on information from a dispatcher or police officer heard over a police radio or from a police officer in person. (Authorized by case law: "THE PEOPLE &C., RESPONDENT, v. WILFREDO ROSARIO, APPELLANT)

* Auxiliary Police officers can use physical and deadly force to make an arrest, or when a person uses physical or deadly force against an officer or a third person in accordance with the NYPD Auxiliary training manual.


SOURCE: http://en.wikipedia.org/wiki/NYPD_Auxiliary_Police

[APONY]

The charge would be a simple violation.

I would assume an aux can be permitted to carry them due to the fact they can initiate CITIZENS ARREST. It would look pretty rediculous if an aux was to catch a burglar and then just hold him to the floor with no restraints.

An aux as well as any other citizen can perform a citizens arrest as well... except an aux can be identified better with their shield.

Same goes for a security guard/loss prevention. They can perform citizens arrest for the larcenies within the store, so they may carry handcuffs to initiate the arrest.

No offense to any security/loss prevention on here.. but.. is it really necessary to make us collar a kid for $5.00 in chips and drinks? Seriously now.. you guys are not arresting anyone per say.. you guys dump that crap on us over $5. Also to mention it is a waste of resources and tax payer money in court.

Sorry for the rant but I bump into way too many loss prevention guys who think they are the cops and are making a big bust over nonsense.

end rant/


Seriously, your cuffs must really be rusty...

First, I am not flattering myself.

Second,In uniform auxiliary police are not civilians. We fall under the fellow officer rule-M.O.S. We are registered in New York State D.C.J.S registry as Peace Officers.

As far as line three and seven that you read, employees of the city is a jail guard. And number seven is a security guard or private investigator and they are also licensed by the State and are allowed to carry hand cuffs to and from work. Unlike auxiliary police who can carry cuffs anytime and anywhere in the State of New York.

Non-the-less, we are LAW ENFORCEMENT.

[Brendon]

Can you become an APO in NYC if you're not a resident? (I reside one mile away from the Queens Border).

[NYCAPO]

Can you become an APO in NYC if you're not a resident? (I reside one mile away from the Queens Border).

You need to live or work in NYC to join.

[Epyon8486]

Seriously, your cuffs must really be rusty...

First, I am not flattering myself.

Second,In uniform auxiliary police are not civilians. We fall under the fellow officer rule-M.O.S. We are registered in New York State D.C.J.S registry as Peace Officers.

As far as line three and seven that you read, employees of the city is a jail guard. And number seven is a security guard or private investigator and they are also licensed by the State and are allowed to carry hand cuffs to and from work. Unlike auxiliary police who can carry cuffs anytime and anywhere in the State of New York.

Non-the-less, we are LAW ENFORCEMENT.

In or out of uniform we are still civilians. We only have part-time peace officer status while on duty. When our part-time peace officer status is activated the only power we have is complete control of traffic. The case for the "Fellow Officer Rule" only means that we can make an arrest based on information that has been past through the radio ( we are not M.O.S we are considered AMOS or CMOS). The uniform we wear is only used as a way to deterrent crime through omnipresence. We are not considered law enforcement by the state. All we suppose to really do is walk around in uniform and write anything down that is suspicious in our memo book. We are not suppose to really take action when we are in the streets. Only reason why some Auxiliaries might think we are law enforcement is because we wear identical uniform to the regular police and because some of the other precincts give their auxiliary tasks that would require them to take action.

Auxiliaries are allowed to carry handcuffs off-duty but most people from APS don't really recommend it because we could be held liable to lawsuits for any unlawful action that we may have taken and the A.P.B.A won't have your back since your off-duty.

http://www.youtube.com/watch?v=8i85qy1pSmA
http://www.youtube.com/watch?v=GsdlgpKBm50&feature=related

lol Not many Auxiliaries and security guards/loss prevention wants to end up like that. Not really worth losing a day's worth of pay.

[TobaKnight]

I honestly don't mean to be rude to any Aux Police, and appreciate what you do, but why is it an issue?

[Epyon8486]

I honestly don't mean to be rude to any Aux Police, and appreciate what you do, but why is it an issue?

The original poster wants to make a point saying that Aux are not civilians because they carry cuffs off-duty without consequences (even though we are categorized as a citizen) while other citizens will be fined

[NYCTNT]

Seriously, your cuffs must really be rusty...

First, I am not flattering myself.

Second,In uniform auxiliary police are not civilians. We fall under the fellow officer rule-M.O.S. We are registered in New York State D.C.J.S registry as Peace Officers.

As far as line three and seven that you read, employees of the city is a jail guard. And number seven is a security guard or private investigator and they are also licensed by the State and are allowed to carry hand cuffs to and from work. Unlike auxiliary police who can carry cuffs anytime and anywhere in the State of New York.

Non-the-less, we are LAW ENFORCEMENT.


LOL.

Individuals who have your mindset are the ones that make the program a laughing stock. You are NOT law enforcement. You hold no law enforcement powers whatsoever.

Fellow officer rule? Umm.. so you listen to the radio??? I hope you know the FELLOW OFFICER ruling was for a aux officer who OBSERVED a suspect with the same discription and then ADVISED a regular cop who then made the arrest.

" This issue was considered by the New York State Court of Appeals in THE PEOPLE &C., RESPONDENT, v. WILFREDO ROSARIO, APPELLANT, 78 N.Y.2d 583, 585 N.E.2d 766, 578 N.Y.S.2d 454 (1991). In that case, a New York City Auxiliary Police Officer, while on routine patrol, received a radio transmission about a murder suspect and upon spotting the murder suspect, advised a regular police officer who then made the arrest.

The arrest, made by a regular police officer, was based upon information obtained from an auxiliary police officer who obtained the information from a radio transmission by the New York City Police Department. It should be noted that New York City Auxiliary Police use the same police radios as the regular police and receive the same radio transmissions. "

Soooo... this is the same thing as someone spotting a suspect on a billboard then calling 911 to say he is on the corner or so and so. I guess "fellow officer" rule makes you law enforcement?.

Lets break this down further.. shall we...

The New York State Court of Appeals found in People v. Rosario, as mentioned above, that the auxiliary police officer received extensive training which was sufficient to pass along probable cause under the "fellow officer" rule and decided that the lack of peace officer status did not prevent the rule from applying to a New York City Auxiliary Police Officer.

A question to ponder is what would the court decide if a regular police officer arrested a murder suspect based upon information relayed by an auxiliary police officer obtained from a radio transmission that came from an auxiliary police radio operator on an auxiliary police frequency and not from a regular police operator (some police departments use auxiliary police operators and auxiliary police frequencies). Chances are that if the information provided to the auxiliary police radio operator came from a regular police source and not from an auxiliary police officer, the "Fellow Officer Rule" would apply. If instead, the information was relayed by another auxiliary police officer, the outcome could be different and result in a violent defendant being released.

Furthermore, the New York State Court of Appeals could reverse itself in a future case, which could result in a violent defendant being released. The best way to avoid future questions for the New York State Court of Appeals is to grant peace officer status to auxiliary police officers.

Fellow officer rule does not mean you are a fellow law enforcement officer and it does not automatically make you a LEO in any way. The fellow officer rule is for police radio to police radio communication and whoever is in between the static. This rule is not a made rule only for auxiliaries. Get that straight.

Authority & Powers of Auxiliary Police - Authorized Scope of Duties
In anticipation of an attack by a foreign nation, Auxiliary Police were given the authority to perform duties only during specifically limited instances related to that fear.

Peace Officer Powers. Article 8 §105 states, "The local legislative body of any county, town, city or village may by resolution confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to such restrictions as such body shall impose, and subject to the provisions of subdivision twenty-six of section 2.10 and section 2.20 of the criminal procedure law." CPL §2.10 ¶26 provides the restrictions that auxiliary police officers shall have the power of peace officer set forth in CPL §2.20 only during a period of imminent or actual attack by enemy forces and during drills authorized under §29-b of Article 2-B of the executive law, providing for the use of civil defense forces in disasters.

Traffic Control. CPL §2.10 ¶26 also provides that auxiliary police officers shall have the more limited power to direct and control traffic during official drills in preparation for an attack by enemy forces or in preparation for combating natural or man-made disasters; however, this does not include peace officer powers and seems to contradict the earlier part of the paragraph.

Other than directing traffic during official drills, there is no statutory authority which permits auxiliary police officers to conduct any of the duties discussed below in Current Scope of Duties-Evolution.

On another note, thank you for volunteering, sincerely, but you seriously need to know that you are not a police/peace officer of any kind in or out of that uniform. The only time you shall ever be activated as a VERY limited peace officer is if the mayor or governor signs off a piece of paper activating you in a dire emergency.

To all of the auxilliaries that know their place, thank you very much.

[NYCTNT]

Fellow Officer Rule.

The "Fellow Officer" rule entitles police officers and police agencies to pass along information used to make an arrest from one police officer to another. To find out more about what the "Fellow Officer" rule is, read the article "Fellow Officer" Rule.

The question here is whether the "Fellow Officer" rule applies to an auxiliary police officer who may not be a police officer or a peace officer while on routine patrol. Auxiliary Police Officers exist in different variations and may also be called Reserve Police Officers; Reserve Deputy Sheriffs and other names.

Depending upon the state, auxiliary police officers may or may not have peace officer status during routine patrols and other duties. Because auxiliary police officers often assist regular police officers and have passed information used to make an arrest to regular police officers, the answer to this question can determine whether a defendant was properly arrested.

This issue was considered by the New York State Court of Appeals in THE PEOPLE &C., RESPONDENT, v. WILFREDO ROSARIO, APPELLANT, 78 N.Y.2d 583, 585 N.E.2d 766, 578 N.Y.S.2d 454 (1991). In that case, a New York City Auxiliary Police Officer, while on routine patrol, received a radio transmission about a murder suspect and upon spotting the murder suspect, advised a regular police officer who then made the arrest. The arrest was based upon information obtained from an auxiliary police officer who obtained the information from a radio transmission by the New York City Police Department.

The New York State Court of Appeals found, as mentioned above, that the auxiliary police officer received extensive training which was sufficient to pass along probable cause under the "fellow officer" rule and decided that lack of peace officer status did not prevent the rule from applying to a New York City Auxiliary Police Officer.

[NYJets44288]

This stuff is getting so old, every time an Aux forum pops up somebody overextends the authority of an Aux or somebody comes in and tries to shut everyone down, or both, as usual. Leave it alone.

[NYJets44288]

Let the Aux who think they're the Chief of Patrol think they're the Chief of Patrol and let the ones who don't just go on their merry ways.