Barry Kamins/photo by Rick Kopstein. 'Braking' News: Court of Appeals Tackles Trio of Automobile Cases
In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle 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 offered guidance on stops that are based upon a mistake of law by police officers; and it clarified the prosecution's burden to justify an automobile stop based on reasonable suspicion of criminal activity.
February 01, 2021 at 12:45 PM
10 minute read
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.
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