In the Fall term of last year, the New York Court of Appeals issued a number of decisions dealing with automobile stops. The court clarified the legal standard required for both a traffic stop as well as an investigative stop based on suspicion of criminal activity. It also offered guidance on automobile stops that are based upon a mistake of law by police officers. Finally, it clarified the prosecution’s burden to justify an automobile stop based on reasonable suspicion of criminal activity.

In People v. Hinshaw, 35 N.Y.3d 427 (2020), the court first addressed automobile stops based upon violations of the Vehicle and Traffic Law. The court held that a traffic stop is valid when a police officer has probable cause to believe that the driver of an automobile has committed a traffic infraction.

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