AGENCY TESTIMONY
Explanation of the four levels of investigative encounters
1:24:19
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79 sec
Deputy Commissioner Gerber outlines the four levels of investigative encounters recognized by New York courts, explaining the criteria and authority associated with each level.
- Level 1: Request for information, requiring an objective, credible reason to approach.
- Level 2: Common law right of inquiry, requiring founded suspicion of criminal activity.
- Level 3: Terry stop, requiring reasonable suspicion of a crime.
- Level 4: Arrest, requiring probable cause that a person has committed an offense.
Michael Gerber
1:24:19
As you know, the New York courts recognize 4 different types of investigative encounters.
1:24:25
A level 1 encounter is a request for information.
1:24:28
At level 1, there must be an objective, credible reason to approach, but it does not require that the officer suspect the individual of criminality.
1:24:38
Level 1 encounters include conversations with victims and witnesses, those who might be victims or witnesses, those who might have evidence regarding a crime, who might know where a missing child is located, and or who may, for whatever reason, be in need of police assistance.
1:24:58
A level 2 encounter, based on the common law right of inquiry, requires an officer to have a founded suspicion of criminal activity.
1:25:07
At level 2, as at level 1, the individual is free to leave.
1:25:13
At level 3, by contrast, where an officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime, the officer has the authority to temporarily detain that person in what is often referred to as a Terry stop.
1:25:30
Finally, in a level 4 encounter, there is probable cause that a person has committed an offense and is subject to arrest.
