New York Law (NYLE) Practice Exam

What is the fourth level of police intrusion under People v. DeBour?

1. Stop and request information

2. Stop and interrogate

3. Stop and detain

4. Stop and frisk

The correct answer is: Stop and frisk

In the context of People v. DeBour, the fourth level of police intrusion is characterized as a "stop and frisk." This entails a police officer having a reasonable suspicion that a person is armed and dangerous, along with a specific basis for believing that the individual is engaged in criminal activity. The "stop" allows the officer to temporarily detain the individual for further investigation, while the "frisk" permits a limited pat-down of the person's outer clothing to ensure they are not carrying any weapons. This level builds upon earlier levels of intrusion wherein officers might simply stop and request information or stop and interrogate. Each level reflects an increasing degree of police authority and the corresponding necessity for justification based on the circumstances faced by the officer. The "stop and frisk" scenario is aimed at balancing the police's duty to ensure public safety with the individual's rights against unreasonable searches and seizures.