NEW YORK's Sliding Scale of Police Authority

Question 1

Minimal Intrusion/Request for Information

Answer 1

police can approach and request information except on “whim or caprice.” Individual’s right not to respond and even to run away does NOT give police probable cause to arrest

Question 2

Common Law Right to Inquire

Answer 2

police who have “founded suspicion that criminal activity is afoot” can ask questions but detention must be short of seizure and if individual gives explanations, police must release

Question 3

Forcible Stop & Detention & Frisk (TERRY)

Answer 3

police have “reasonable suspicion” that individual has committed or is committing a crime. Under the limited “plain feel” doctrine, if they reasonably believe they are in danger, they can frisk in order to see if the suspect is armed. They may make a warrantless seizure of anything reasonably believed to be a weapon that is found during the frisk.

Question 4

Police Pursuit

Answer 4

Impedes the individual’s freedom of movement so counts as a seizure and must be based on a reasonable suspicion that a crime has been, is being, or is about to be committed

Question 5

Automobile stop

Answer 5

• NY ct of appeals has held that police CAN stop a vehicle for “inspection” if they have a reason to believe there is a traffic violation based on their observation
• stop is also valid if made pursuant to a roadblock at which passing vehicles are stopped in a uniform and nondiscriminatory manner
• if police have a “founded suspicion” of criminal activity, they may perform a canine sniff of vehicle’s exterior
• occupants of a stopped car can be questioned, but it cant escalate to restraint w/o reasonable suspicion of criminal involvement. Occupants can be completely searched only if taken into custody.