What are the legal standards for challenging the propriety of police encounters with the public?

"New York", United States of America

The following excerpt is from People v. Perez, 31 N.Y.3d 964, 73 N.Y.S.3d 508, 96 N.E.3d 772 (N.Y. 2018):

We must be especially careful not to minimize our role in setting forth the proper legal standards in cases challenging the propriety of police encounters with the public, as "[w]e [have] singled out the area of crime prevention for special mention, noting that [s]ince this function is highly susceptible to subconstitutional abuses it will be subject to the greatest scrutiny " ( People v. Hollman, 79 N.Y.2d 181, 189, 581 N.Y.S.2d 619, 590 N.E.2d 204 [1992], quoting De Bour, 40 N.Y.2d at 220, 386 N.Y.S.2d 375, 352 N.E.2d 562 ). It is precisely because police interactions with the public are dynamic situations with the

[31 N.Y.3d 972]

Other Questions


What is the legal standard used by the courts to determine the correct legal standard? (MultiRegion, United States of America)
What is the legal standard for determining that a plaintiff has met the standard of a plaintiff's claim in a civil case? (federal, United States of America)
Does a traffic stop by the police communicate to the passenger that he or she is not free to terminate the encounter with the police and move about at will? (MultiRegion, United States of America)
Is a Public Safety and Emergency Preparedness Reviewable on the standard of reasonableness of a Public Prosecutions Reviewable? (Canada (Federal), Canada)
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 legal standard for reviewing the legal sufficiency of evidence in a criminal case? ("New York", United States of America)
What is the legal standard for evaluating the use of force by a police officer when affecting an arrest under the Fourth Amendment? (MultiRegion, United States of America)
If a court finds that a plaintiff has been denied a right to sue under a different legal standard than under the current standard of care, can the finding be reviewed? (MultiRegion, United States of America)
What is the standard for the use of the preponderance of the evidence standard in a civil case where a police officer's testimony is hearsay? (MultiRegion, United States of America)
Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.