Level 1 Intrusion

1
Level 1 Intrusion

• Request for Information Only

2
What are New York Rules on Police Citizen
Encounters?

• Two categories for police encounters
• Requests for information
• Common Law Inquiry
• NOT operative on the Federal level

3
What is a request for information?

• People v. DeBour (40 NY2d 210, 223)
• 4 tier sliding scale for evaluating encounters
  initiated by police officers
• The request for information must be supported by
  an objective, credible reason- not necessarily
  for a criminal act

4
Cont

• The objective reason may NOT be a hunch
• In NY state a police officer may not just
  approach someone for no reason and engage in
  questioning with him/her
• Federal law is different (Florida v Royer)

5
Cont

• Once the officer has a reason for approaching a
  person they may just ask questions
• They may NOT ask to search the defendants
  belongings, question him coercively, detain him
  against his will, subject him to a frisk, and the
  person may walk away at any time

6
Level 2 Intrusion- Common Law Right of Inquiry

• NY state ONLY
• Common Law Inquiry is a separate level of contact
  and is activated by a founded suspicion that
  criminal activity is afoot and permits somewhat
  greater intrusion (People v DeBour)

7
The DeBour Sliding Scale

• Officer can approach and individual and
  constructively stop him (without using force)
• Question more pointedly
• Ask to search his belongings
• Detain the defendant briefly to obtain an
  explanation as to identity and purpose in the area

8
Cont

• Cannot forcibly detain
• Cannot frisk or keep questioning should the
  defendant answer the questions satisfactorily
• Again, person can walk away

9
Cont

• However, when the officer has reasonable
  suspicion of involvement of a felony or
  misdemeanor the officer can temporarily detain
  and use physical force such as handcuffs and
  transport for purposes of identification and if
  there is reasonable suspicion that the person is
  armed can pat him down for weapons- the only
  thing that he cannot do is arrest him.

10
Level 3- Stop and Frisk

• What can the police do if they lack probable
  cause to make an arrest, but have some
  information that criminal activity may have
  occurred?
• What role do we want police to play in our
  society?
• Police state v freedom
• Do we want police to wait for crime or be
  proactive in fettering it out?

11
Cont

• Police can only ferret out crime if they
  actively patrol and confront suspicious activity-
  but how do we balance this with our right to be
  left alone?
• Stop and Frisk
• Reasonable suspicion that crime is occurred
  and/or life is in danger (armed)

12
Cases

• Terry v Ohio
• People v Diaz