Q&A
NYPD's practice for level 1 stops and citizen disengagement
2:41:27
·
83 sec
Council Member Yousef Salaam inquires about NYPD's practices when individuals attempt to disengage from a level 1 stop. NYPD officials explain that citizens are free to leave during a level 1 encounter and clarify when such an encounter becomes a level 3 stop.
- Officials emphasize that preventing someone from leaving during a level 1 encounter is inappropriate and would constitute an improper Terry stop.
- The discussion highlights the importance of citizens' rights during police encounters.
- NYPD representatives stress the need for officers to respect individuals' freedom of movement during level 1 encounters.
Yousef Salaam
2:41:27
I do wanna know, based on the question that was presented just now, what is the NYPD's practice when it when an individual attempts to disengage an officer conducting a level one stop and leave the scene?
Michael Gerber
2:41:45
They're they're free to leave.
2:41:47
And and just to be clear, if if if if an officer approaches someone, what should be a level 1 encounter let's say let's say the person walks away and the officer prevents them from leaving.
2:41:59
That's a level 3 encounter,
Yousef Salaam
2:42:01
period.
2:42:02
Right?
2:42:03
As soon as the officer prevents them from leaving.
Michael Gerber
2:42:06
Yeah.
2:42:06
If the question is right, when for a level 3 encounter, the question is does someone reasonably believe that they're free to leave?
2:42:12
If they do not reasonably believe they're free to leave, we're talking about a level 3 encounter.
2:42:17
So in a scenario in which someone an officer walks up to someone, let's say a potential victim or witness, did you see anything?
2:42:23
Did you hear anything?
2:42:24
Classic level 1 encounter.
2:42:26
If if the person just turns and walks away, there are they're they have that legal right to turn and walk away.
2:42:32
To the extent an officer were for example, to prevent them from doing that, to, to grab them, to to block them from leaving, without more, that's totally inappropriate.
2:42:44
That that is an improper level 3 stop.
2:42:47
That is it that if they're preventing them from leaving, that is an improper Terry stop.
