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My Training Manual is outdated, (I am Retired) New Manuals include the Arrest Power under the “Fellow Officer Rule”, meaning the crime (Felony or Misdemeanor) does not have to be committed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

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.