The Buffalo common council is at the center of a heated debate regarding police discretion in arresting individuals for low-level crimes. Three council members are urging Mayor Sean Ryan to reconsider an executive order issued in 2026, which they argue limits the ability of law enforcement to make arrests for minor offenses.
The current policy mandates that individuals charged with low-level crimes receive an appearance ticket instead of being taken into custody. The proposed resolution aims to grant police officers the discretion to make arrests and transport suspects to central booking when deemed necessary.
Addressing Repeat Offenders
Council Member Joel Feroleto emphasized the need for this change to tackle repeat offenders. He highlighted the issue of retail theft noting that individuals often return to the same establishments within hours of committing a crime. “We think that there are instances where people should be arrested for the crimes that they commit,” Feroleto stated.
Council Member Chris Scanlon echoed these sentiments, asserting that officers should have the authority to take someone into custody when they believe it is warranted. “If something’s taking place where an officer feels that that person committing that incident should be taken into custody, they should have the authority to do so,” Scanlon said. “Not have to be required to issue an appearance ticket.”
Police Union and Public Good Partnership Perspectives
John Davidson president of the Buffalo Police Union supported the resolution, stating that it would allow police to act more effectively against repeat offenders. Under the current system, individuals are processed away from the scene of the incident. “You’re not going to spend the night in jail,” Davidson explained. “You’re going to be given an appearance ticket and all that paperwork will be done downtown away from where you’re causing trouble.”
However, Andrea O Suilleabain of the Partnership for the Public Good which advocated for the 2026 reforms, questioned the necessity of the resolution. She argued that officers already have the authority under New York State law to make custodial arrests if they deem the person poses a danger. “I do think it’s unnecessary,” she said. “No matter what the potential offense or instances, if they think the person poses a danger, they can use their discretion to make a custodial arrest.”
Mayor Sean Ryan’s administration is currently reviewing the executive order. The outcome of this review will determine whether the policy will be amended or rescinded, potentially altering how low-level crimes are handled in Buffalo.
