![]() If the “pat down” does not deter such an object, the search should go no further than the external pats.Ĭases at concerts often skip past levels 1 & 2 and go right to 3. If this sort of object is detected, the police can extend the search by taking the object out for inspection. The idea is to feel for any hard objects which could be a weapon. The police need a good reason to believe you might be danger to them. It is supposed to be only a patting down of the person’s clothing from the outside with the flat of the hand. Level 3 - the “frisk”, is too often misapplied and done improperly. If there is no indication of criminal activity, the questioned person does not have to speak with the police and can walk away.Ģ) Common law right of inquiry - Founded suspicion criminal activity is afoot and the person being question may have something to do with it.ģ) Detainer of person, including frisk - Reasonable suspicion a crime has been or will be committed and the person being frisked may pose a danger to the officer.Ĥ) Arrest -Probable cause to believe the person committed a crime. The Court of Appeals outlined 4 levels of police intrusion and what is required for each:ġ) Request for information - An objective, credible reason is needed for this request (“hunches” don’t count). The controlling case in NY State is People v. Outside the right context, this is illegal. They then either stick their hands in or order the person to empty their pockets. The State Park Police approach a person, demand to know what is their pockets (they will refuse to play the riddle game, no matter how much of a Tolkien fan you are). I often get cases after concerts at SPAC which involve searches of a person. The line is also a great one to remember when approached by the police. This concept easily translates to search and seizure cases. Absent what she considered an appropriate context, it was “Keep your hands to yourself.” But the woman insisted they had to be married before the serious smooching started. The man wanted….well, what guys often want. It was a fun song about tension between a man and a woman and their respective agendas. Georgia Satellites from “ Keep Your Hands to Yourself” “She said don’t hand me no lines and keep your hands to yourself”
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