BROOKLYN HEIGHTS — The topic of search and seizure is always evolving, according to retired Judge Barry Kamins, who recently gave another enlightening and interactive Continuing Legal Education presentation on the subject at the Brooklyn Bar Association on May 1, before a sizable crowd.
In the context of law, search and seizure refers to the government’s actions of examining a person’s property or belongings and taking possession of items found during that examination. The Fourth Amendment protects people from these actions, provided the search and seizure is on unreasonable grounds.
When an officer has information from a reliable source that is sufficient to justify the belief that a crime is being committed, it is considered probable cause, which was a main theme that was discussed.
“Traditionally, drunk driving cases have been about an officer arresting someone when they pull up and smell alcohol or see bloodshot eyes,” Kamins explained. “But some judges are saying in addition to that, you need evidence that the person is driving erratically or unlawfully. This issue will most likely reach the Court of Appeals this fall and be decided then.”
Kamins pointed out that there are also a lot more automobile stops these days — “about a million New Yorkers each year now are being stopped by the police in their cars,” he said, adding that there are many new cases regarding automobile stops surfacing.
One new type of stop that the Court of Appeals has mentioned in a case very recently is a “Stop for Public Safety Reasons,” Kamins noted, which he said has nothing to do with criminal activity.
“If an officer feels that a person is in need of help and assistance, they can stop the car. But the courts said they will be very strictly watching this because they don’t want it to be used as a reason for stopping every vehicle.”
“Flight,” whereby a person accused of a crime runs away or hides to avoid arrest or prosecution, was also illuminated.
“Does it elevate the encounter and make it more suspicious or not?” Kamins asked. “It can certainly be interpreted in many different ways.”
Kamins also pointed out that technology is working its way into the court system when it comes to search and seizure, citing body-worn cameras worn by police officers today.
