AGENCY TESTIMONY
Challenges of real-time decision-making in street encounters
1:28:02
·
3 min
Deputy Commissioner Gerber concludes by highlighting the complexities and challenges faced by police officers during street encounters.
- Officers must make split-second decisions in fast-moving, potentially dangerous situations.
- The law governing these encounters is complex and fact-specific, making real-time application challenging.
- Even legal experts acknowledge the confusion and frustration in this area of law.
- The testimony emphasizes the high demands placed on officers who must navigate these complex legal issues in real-time situations.
Michael Gerber
1:28:02
I wanna close by emphasizing that we are discussing encounters that take place on the street in situations that can be fast moving, complicated, and potentially dangerous.
1:28:16
Officers are asked to make split second decisions, sometimes with incomplete information, and often with concerns about public safety and their own safety.
1:28:28
This is challenging work, and the challenge is compounded by the fact that the law in this area is incredibly complex and fact specific.
1:28:39
Retired judge Barry Kamens, who literally wrote the book on the subject, has explained how confusing the law in this area can be.
1:28:48
He writes, probably no area of surge and seizure law has caused more confusion and frustration than that of street encounters with the police, where the officer acts on less than probable cause.
1:29:01
New York appellate courts have acknowledged for some time that the subject is riddled with problems.
1:29:07
The First Department has stated that one of the most vexing of judicial issues is the delineation of permissible police intrusion on the liberty of the private citizen in a street encounter.
1:29:18
The same court has noted that seemingly similar fact patterns sometimes result in different outcomes and lead to confusion.
1:29:27
He continues, one of the primary reasons for the state of confusion in this area is the diversity of fact patterns involving street encounters and the realization that the proper determination in cases of this sort must necessarily turn on the facts in each individual case.
1:29:45
2 separate cases with almost identical facts can produce different results because of a subtle difference in only one factor.
1:29:55
If there is any conclusion one can draw from this, it is the realization that this is not a precise and exact body of law with equations that can readily produce easy solutions.
1:30:09
This is a lawyer and judge writing for other lawyers and judges who have the benefit of time to ponder the facts, review court decisions, debate abstract legal principles, and ultimately decide how to analyze and categorize a particular encounter.
1:30:30
We require our police officers, most of whom are not lawyers, to do this out on patrol in real time, sometimes in highly volatile situations.
1:30:42
We must require this of our officers because it is the law.
1:30:48
But I think it is important, as we discuss these issues, to acknowledge how much we demand of our police officers and how challenging their work can be.
1:31:00
Thank you for the opportunity to testify about these important issues.
1:31:04
We look forward to answering any questions you may have.
