Is a police officer not engaged in an emergency operation when he looks down for purposes of locating a vehicle located in front of his vehicle?

"New York", United States of America

The following excerpt is from State Farm Mut. Auto. Ins. Co. v. Cnty. of Nassau & Carl Teushler, 2018 NY Slip Op 28368 (N.Y. Dist. Ct. 2018):

Other Courts have similarly declined to invoke the emergency doctrine. For example, in Kabir v. County of Monroe, 16 NY3d 217 (2011), a police officer looked down for purposes of locating where he was proceeding to respond to a burglary call and rear ended a vehicle located in front of his vehicle. Police were double-parked in an unmarked police vehicle in order to observe two suspects in Quintero v. City of New York, 113 AD3d 414, 978 NYS2d 155 (1st Dept 2014), when they were struck from behind by the codefendants' minivan. Rusho v. State of New York, 76 AD3d 783, 906 NYS2d 836 (4th Dept 2010) held that a parole officer was not engaged in an emergency operation when he was performing an investigatory function, attempting to turn his vehicle around to determine if a motorist was a parole absconder.

Other Questions


Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
Is an off-duty military police officer's lawsuit for injuries suffered when he was run over by an on-duty Military Police officer at a base picnic site barred by the doctrine of Feres v Feres? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
What is the reasonableness standard for a police officer to conduct a search and rescue operation in a motor vehicle accident? (Canada (Federal), Canada)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
Can a police officer conduct an inventory search of a vehicle lawfully in police custody? (MultiRegion, United States of America)
When a motorcyclist is stopped by police in a "hot pursuit" vehicle, can the police use the phrase "police pursuit" doctrine? (MultiRegion, United States of America)
What is the evidence supporting the claim that a police officer in a motor vehicle accident was killed by a passing motor vehicle? (MultiRegion, United States of America)
What is the test for a police officer to make an announcement to the occupants of a vehicle that they are about to enter the vehicle? (MultiRegion, United States of America)
Does a police officer's false statement at a police station interview have any impact on whether a suspect was in custody for the purposes of the Miranda rule? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.