Thursday, October 7, 2021

New York’s Gray on Investigative Stops

How the Court of Appeals has Restricted Stops of Citizens by Police

By Gerald P. Casertino
Gerald Casertino is currently an incoming associate with Murphy Burns LLP in Albany, New York, focusing on municipal defense and §1983 actions. He has also served as a police officer since 2017.
Jerry graduated summa cum laude from Albany Law School with his J.D. in 2021. He was a member of the Albany Law Review and a Sponsler Fellow/Teaching Assistant in Criminal Law, Torts, and Contract Law. He holds a bachelor’s degree, magna cum laude, from Siena College and is originally from Glens Falls.

The year 2020 will be lauded as forever changing policing, especially in New York State. But the necessity to curb criminal activity and ensure public safety remains.

High-profile police-related deaths, rising crime, and the implementation of bail and discovery reform, all combined with the New York Court of Appeals’ decision in People v. Hinshaw, make the job of police officers more difficult. This paper will address how the New York Court of Appeals has restricted investigative stops beyond what is required by the federal constitution.  
To read the paper, open HERE