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NYPD Auxiliary

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Posted over 5 years ago

 

NYPD AUXILIARY.


There is A WHOLE LOT of misguided information regarding Auxiliary Programs in the whole Country. Some programs require more, some less. So much so, that even some Auxiliary Members do not know exactly which powers and limitations they really have, as provided by law. (Not by someone’s opinion)


Unfortunately, the attitude of some Auxiliary Officers give some regular officers a chance to constantly remind you of "Your Place", and that you are not “Real Police”, which is, to say the least, lack of recognition  and respect towards someone eager to confront even the risk of death while providing service without any financial compensation.


For 15 years of Service I did  have to put up with that attitude from a lot of Regular Officers.


Just like the NRLOA (National Reserve Law Officers Association) Sloan:


“You won’t go in there for a Million bucks. A Police Officer does it for a lot less. A Reserve Officer does it for free”


The N.Y. State Division of Criminal Justice Standards defines NYPD Auxiliary Officers as:


“PART TIME PEACE OFFICER WITHOUT FIREARMS”. (NY CPL Art. 210-26,27)


Peace Officer in NY State have arrest powers. Moreover, in NY State even Private Citizens have arrest powers, as provided by the NY State Penal Law and Criminal Procedure Law.


Here is a direct transcript from the NYPD Auxiliary Training Manual Page 7-7:


“GUIDELINES IN A POSSIBLE ARREST SITUATION”


a)     Always make sure Police is responding.


b)     Arrest only for a crime, never for a violation or traffic infraction.


c)      Arrest only when the crime is commited in your presence.


d)     Arrest only when a person’s life is in danger and you feel you must take action.


My Training Manual is outdated, (I am Retired) New Manuals include the Arrest Power under the “Fellow Officer Rule”, meaning the crime (Felony or Misdemeanor) does not have to be committed in your presence.


 

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Rated +1 | Posted over 5 years ago

 

Auxiliary Officers make arrests everyday in the City of New York. Personally, I have over 40 Department Awards and Commendations to prove it.


Auxiliary Officers are authorized to use every Degree of Force, up to Deadly Physical Force in making an arrest or preventing the use of Deadly Physical Force against them or any victim.


Here are the FACTS, JUST THE FACTS:


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.


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.


 

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Rated +1 | Posted over 5 years ago

 

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 and the NY State Penal and CPL Laws.

Finally;


From the Auxiliary Training Manual (1-3. 1):


Members of the Auxiliary Forces shall not posses or carry on their person a firearm, while on duty or at any time while in uniform, irrespective of the possession of a pistol license (Sec. 2.10 sub 26)


This restriction does not apply to those Auxiliary Members who are listed under section 2.10 of the Criminal Procedure Law as peace officers (armed). Those members may carry their firearm while on duty, but it must be concealed.


I was one of those members. Contrary to what many believe, many Auxiliaries have such status and carry a firearm, which has proven to be a disappointing experience for many crooks arrested by us.


 

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Rated +1 | Posted over 5 years ago

 

A reminder, for those that believe Auxiliary Officers are not “Real” Police:





Officer's Name




End Of Watch




Cause Of Death






Auxiliary Sergeant David Freed




Sunday, August 31, 1975




Assault






Auxiliary Sergeant Noel R. T. Faide




Sunday, January 29, 1989




Vehicular Assault






Auxiliary Sergeant Larry L. Cohen




Sunday, January 29, 1989




Vehicular Assault






Auxiliary Police Officer Armando Rosario




Wednesday, March 25, 1992




Gunfire






Auxiliary Police Officer Milton S. Clarke




Wednesday, December 1, 1993




Gunfire






Auxiliary Police Officer Nicholas T. Pekearo




Wednesday, March 14, 2007




Gunfire






Auxiliary Police Officer Yevgeniy (Eugene) Marshalik




Wednesday, March 14, 2007




Gunfire