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NCJRS Abstract

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NCJ Number: 63938 Find in a Library
Title: CARS, COPS AND CUSTODY - STOPPING AND SEARCHING MOTORISTS IN NEW YORK
Journal: NEW YORK LAW SCHOOL LAW REVIEW  Volume:24,  Dated:(1978)  Pages:405-460
Author(s): T F SHEA
Corporate Author: New York Law School
United States of America
Date Published: 1979
Page Count: 56
Sponsoring Agency: New York Law School
New York, NY 10013
Format: Article
Language: English
Country: United States of America
Annotation: CONSTITUTIONAL NORMS IN POLICE-MOTORIST ENCOUNTERS ARE EVALUATED, AND LEGAL PRINCIPLES APPLIED BY NEW YORK COURTS IN DETERMINING RIGHTS OF MOTORISTS IN POLICE STOPS.
Abstract: SEARCHERS OF PERSONS AND CARS ARE ALSO CONSIDERED. MOST COURTROOM CHALLENGES BY MOTORISTS TO POLICE ACTIVITIES OCCUR WITHIN THE CONTEXT OF MOTIONS TO SUPPRESS INCRIMINATING EVIDENCE OBTAINED AS THE RESULT OF IMPROPER CONDUCT. REASONABLENESS UNDER NEW YORK'S STOP-AND-FRISK STATUTE IS EXAMINED IN RELATION TO: (1) THE DE BOUR DOCTRINE WHICH SPECIFIES RIGHTS OF POLICE OFFICERS TO OBTAIN INFORMATION OR TAKE PERSONS INTO CUSTODY WHEN THERE IS SUSPICION OF A TRAFFIC VIOLATION, CRIMINAL ACTIVITY, OR THAT CRIMINAL ACTIVITY IS OCCURRING; AND (2) JUSTIFICATION FOR WARRANTLESS SEARCHERS OF MOTORISTS AND VEHICLES (PLAIN VIEW CONCEPT, SEARCH INCIDENT TO ARREST FOR TRAFFIC INFRACTION, SEARCH INCIDENT TO ARREST BASED ON PROBABLE CAUSE TO BELIEVE DRIVER HAS COMMITTED A CRIME, PROBABLE CAUSE TO BELIEVE CAR CONTAINS CONTRABAND OR EVIDENCE OF CRIME, AND NEED TO INVENTORY CONTENTS OF IMPOUNDED VEHICLE). THE ANALYSIS OF CASE LAW DEMONSTRATES THAT CONSTITUTIONAL NORMS IN POLICE-MOTORIST CONFRONTATIONS ARE COMPLEX AND DIFFICULT TO APPLY IN FAST-DEVELOPING FACTUAL SITUATIONS. FOOTNOTES ARE INCLUDED. (DEP)
Index Term(s): Automobiles; Constitutional Rights/Civil Liberties; Judicial decisions; New York; Search and seizure; Search and seizure laws
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63938

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