New York State Police

[Nick331]

*crickets*

[LandJ5]

Seriously......this Forum has lost its momentum. Anybody hear anything since the Medical?

[Nick331]

Seriously......this Forum has lost its momentum. Anybody hear anything since the Medical?

There is a class in the academy, that's old news.

[Nick331]

I am in an conflictive discussion with my Uncles who are wondering where it is written in a New York State Statute that authorizes New York State Law Enforcement Officers to break vehicle and traffic law in the line of duty to enforce vehicle and traffic law.

[Trooper4985]

I am in an conflictive discussion with my Uncles who are wondering where it is written in a New York State Statute that authorizes New York State Law Enforcement Officers to break vehicle and traffic law in the line of duty to enforce vehicle and traffic law.

Here's one to start with

§ 1225-c

2. (a) Except as otherwise provided in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile
telephone to engage in a call while such vehicle is in motion.


3. Subdivision two of this section shall not apply to:

(b) any of the following persons while in the performance of
their official duties: a police officer or peace officer; a member of a
fire department, district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter,

[grey25]

I did not know there was such law. Good info.

[Dr. Peebody]

any one here familiar with some of the criteria for SORT....

basically, what i want to know at this point is:
-how much time on do i need to be considered
-what is the bench press req?
- what is the run time/distance?
- how often do they start a class?
- is there somewhere on division intranet where i can find info?
thanks

[Dr. Peebody]

Here's one to start with

§ 1225-c

isn't there mention in the CPL of police being able to use reasonable action to enforce laws?

[CO1259]

Nick331:

§ 114-b. Emergency operation. The operation, or parking, of an
authorized emergency vehicle, when such vehicle is engaged in
transporting a sick or injured person, transporting prisoners,
delivering blood or blood products in a situation involving an imminent
health risk, pursuing an actual or suspected violator of the law, or
responding to, or working or assisting at the scene of an accident,
disaster, police call, alarm of fire, actual or potential release of
hazardous materials or other emergency. Emergency operation shall not
include returning from such service.

§ 1103. Public officers and employees to obey title; exceptions. (a)
The provisions of this title applicable to the drivers of vehicles upon
the highways shall apply to drivers of all vehicles owned or operated by
the United States, this state, or any county, city, town, district, or
any other political subdivision of the state, except as provided in this
section and subject to such specific exceptions as are set forth in this
title with reference to authorized emergency vehicles.


§ 1104. Authorized emergency vehicles. (a) The driver of an authorized
emergency vehicle, when involved in an emergency operation, may exercise
the privileges set forth in this section, but subject to the conditions
herein stated.
(b) The driver of an authorized emergency vehicle may:
1. Stop, stand or park irrespective of the provisions of this title;
2. Proceed past a steady red signal, a flashing red signal or a stop
sign, but only after slowing down as may be necessary for safe
operation;
3. Exceed the maximum speed limits so long as he does not endanger
life or property;
4. Disregard regulations governing directions of movement or turning
in specified directions.
(c) Except for an authorized emergency vehicle operated as a police
vehicle or bicycle, the exemptions herein granted to an authorized
emergency vehicle shall apply only when audible signals are sounded from
any said vehicle while in motion by bell, horn, siren, electronic device
or exhaust whistle as may be reasonably necessary, and when the vehicle
is equipped with at least one lighted lamp so that from any direction,
under normal atmospheric conditions from a distance of five hundred feet
from such vehicle, at least one red light will be displayed and visible.
(d) An authorized emergency vehicle operated as a police, sheriff or
deputy sheriff vehicle may exceed the maximum speed limits for the
purpose of calibrating such vehicles' speedometer. Notwithstanding any
other law, rule or regulation to the contrary, a police, sheriff or
deputy sheriff bicycle operated as an authorized emergency vehicle shall
not be prohibited from using any sidewalk, highway, street or roadway
during an emergency operation.
(e) The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for
the safety of all persons, nor shall such provisions protect the driver
from the consequences of his reckless disregard for the safety of
others.
(f) Notwithstanding any other law, rule or regulation to the contrary,
an ambulance operated in the course of an emergency shall not be
prohibited from using any highway, street or roadway; provided, however,
that an authority having jurisdiction over any such highway, street or
roadway may specifically prohibit travel thereon by ambulances if such
authority shall deem such travel to be extremely hazardous and would
endanger patients being transported thereby.

[CO1259]

isn't there mention in the CPL of police being able to use reasonable action to enforce laws?

Article 35 - Defense of Justification (Use of Force)
§ 35.30 Justification; use of physical force in making an arrest or in
preventing an escape.
1. A police officer or a peace officer, in the course of effecting or
attempting to effect an arrest, or of preventing or attempting to
prevent the escape from custody, of a person whom he or she reasonably
believes to have committed an offense, may use physical force when and
to the extent he or she reasonably believes such to be necessary to
effect the arrest, or to prevent the escape from custody, or in
self-defense or to defend a third person from what he or she reasonably
believes to be the use or imminent use of physical force; except that
deadly physical force may be used for such purposes only when he or she
reasonably believes that:
(a) The offense committed by such person was:
(i) a felony or an attempt to commit a felony involving the use or
attempted use or threatened imminent use of physical force against a
person; or
(ii) kidnapping, arson, escape in the first degree, burglary in the
first degree or any attempt to commit such a crime; or
(b) The offense committed or attempted by such person was a felony and
that, in the course of resisting arrest therefor or attempting to escape
from custody, such person is armed with a firearm or deadly weapon; or
(c) Regardless of the particular offense which is the subject of the
arrest or attempted escape, the use of deadly physical force is
necessary to defend the police officer or peace officer or another
person from what the officer reasonably believes to be the use or
imminent use of deadly physical force.
2. The fact that a police officer or a peace officer is justified in
using deadly physical force under circumstances prescribed in paragraphs
(a) and (b) of subdivision one does not constitute justification for
reckless conduct by such police officer or peace officer amounting to an
offense against or with respect to innocent persons whom he or she is
not seeking to arrest or retain in custody.
3. A person who has been directed by a police officer or a peace
officer to assist such police officer or peace officer to effect an
arrest or to prevent an escape from custody may use physical force,
other than deadly physical force, when and to the extent that he or she
reasonably believes such to be necessary to carry out such police
officer's or peace officer's direction, unless he or she knows that the
arrest or prospective arrest is not or was not authorized and may use
deadly physical force under such circumstances when:
(a) He or she reasonably believes such to be necessary for
self-defense or to defend a third person from what he or she reasonably
believes to be the use or imminent use of deadly physical force; or
(b) He or she is directed or authorized by such police officer or
peace officer to use deadly physical force unless he or she knows that
the police officer or peace officer is not authorized to use deadly
physical force under the circumstances.
4. A private person acting on his or her own account may use physical
force, other than deadly physical force, upon another person when and to
the extent that he or she reasonably believes such to be necessary to
effect an arrest or to prevent the escape from custody of a person whom
he or she reasonably believes to have committed an offense and who in
fact has committed such offense; and may use deadly physical force for
such purpose when he or she reasonably believes such to be necessary to:
(a) Defend himself, herself or a third person from what he or she
reasonably believes to be the use or imminent use of deadly physical
force; or


(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape or forcible
criminal sexual act and who is in immediate flight therefrom.
5. A guard, police officer or peace officer who is charged with the
duty of guarding prisoners in a detention facility, as that term is
defined in section 205.00, or while in transit to or from a detention
facility, may use physical force when and to the extent that he or she
reasonably believes such to be necessary to prevent the escape of a
prisoner from a detention facility or from custody while in transit
thereto or therefrom.



Yeah....I got nothing better to do on my day off.

[Nick331]

I knew all of that, but he wanted to know if there was an actual statute which there is. Thank you very much for assisting me in the winning of the discussion.

[NYSP1938]

It was announced on NYTrooper.com that they reached 1,116 on the first call up. I've gathered that the State used the first 600 recruits to fill the first academy of 100 people or so. I missed the call up by 3X; here's hoping on the next round.

[GrayPatriot]

any one here familiar with some of the criteria for SORT....

basically, what i want to know at this point is:
-how much time on do i need to be considered
-what is the bench press req?
- what is the run time/distance?
- how often do they start a class?
- is there somewhere on division intranet where i can find info?
thanks

PM Sent

[NNYSquad]

..........

[SlowDownThere]

can't wait for the processing weekend!

Thought I read on here there was a rumor or March processing? Is that accurate? With the budget being all jacked up, I would guess summer 09.

Stay safe all.

These aren't normal times, so it's hard to say. I believe the current class started in early December (12/01/08) so they should graduate in late May/earlyJune. With the budget problems, it's hard to say if they will have another class right away.

One of my guys is at the Academy. I'll ask him what he's heard, and let you know in a PM.