Monday, September 9, 2013

Application of De Bour by the New York State Court of Appeals

& More

By Andrea A. Long
Andrea Long, a 2013 graduate of Albany Law School, is an Assistant Corporation Counsel for the New York City Law Department.  While at Albany Law, she was the Executive Editor of the Center for Judicial Process, as well as an Associate Editor of the Albany Law Review. She was both the winner and Best Oral Advocate of the 2011 Gabrielli Appellate Advocacy Competition and was a member of the Albany Law School team that competed in the national Spong Invitational Moot Court Tournament. Andrea prepared this presentation for Professor Bonventre's State Constitutional Adjudication seminar, spring 2013.

The Court of Appeals' 1976 decision in People v. De Bour established requirements to justify increasing levels of police intrusions, from a simple approach and innocuous question to a full arrest and search.
The De Bour requirements, initially outlined and later reaffirmed in opinions by Chief Judge Sol Wachtler, have served as bedrock protections against arbitrary police encounters in New York--and have no parallel safeguards in U.S. Supreme Court jurisprudence.
Andrea Long's power point presentation takes a look at De Bour and it's reaffirmation and frequent application by New York's highest court, particularly significant today in light of the challenges to New York City's controversial stop & frisk policy. --vmb

(click to enlarge)

To view the complete slide presentation, open HERE.
(Then, for the best view, click File + Download, and Open the download.)