What is the test for refusing to respond when asked by a police officer to a question?

MultiRegion, United States of America

The following excerpt is from Uzoukwu v. City of N.Y., Docket No. 13-3483-cv (2nd Cir. 2015):

Moreover, the district court's answer significantly obscured the well-settled principle that, in New York, "[a]n individual to whom a police officer addresses a question has a constitutional right not to respond. He may remain silent or walk or run away. His refusal to answer is not a crime." People v. Howard, 430 N.Y.S.2d 578, 581 (1980); see also People v. Grullon, 862 N.Y.S.2d 810

Page 16

Other Questions


What is the difference between a police officer's response to a request for information about an arrest warrant and the fact that the police officer responded to the request with an incriminating comment? ("New York", United States of America)
Is there a difference between a responding officer responding to a 911 call and the responding officer who appears in response to the 911 call? ("New York", United States of America)
If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business? (MultiRegion, United States of America)
Is a refusal to respond to an officer's request to "open up" to the officer is privileged conduct which cannot be considered evidence of criminal wrongdoing? (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)
Can a police officer continue questioning a suspect during questioning in a cocktail lounge? (MultiRegion, United States of America)
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)
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)
Does a police officer violate the Fourth Amendment by approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions? (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.