Stop, Question and Frisk

Street Encounters – The DeBour Levels

New York Courts have set out a four-tiered method for evaluating police-initiated encounters
with members of the public when acting within the law enforcement capacity. As the
intrusiveness of each level increases, so does the justification required for the police action.
This system is a product of both state and federal law. Levels 1 and 2 have been created by New
York State courts. As such, they only apply to police officers in New York State. Levels 3 and 4
are rules that are required by the U.S. Constitution and therefore apply to police officers
throughout the United States.

LEVEL 1
Request for Information – Standard - An objective credible reason to approach a person. Not
necessarily related to criminality.
You may ask for I.D. / The person can refuse.
You may not ask for consent to search.
You cannot purse the person who runs from you without additional information (Need level 3 to
pursue.
Unusual conduct is all that is needed for level one approach.
NO SIEZURE OF A PERSON
THE PERSON IS FREE TO LEAVE A LEVEL 1 ENCOUNTER

LEVEL 2
Common Law Right to Inquire – Standard – Founded Suspicion Criminal Activity is afoot.
This level allows for increases intrusion but NO SIEZURE OF PERSON PERMITTED.
Can ask for consent to search at this level. An anonymous tip is a level 2 encounter. Asking a
person if weapons exist in a vehicle must be supported by founded suspicion.
Obvious lies or false responses to questions can establish founded suspicion.
A person can feel accused at level 2.
THE PERSON IS FREE TO LEAVE A LEVEL 2 ENCOUNTER
 Stop, Question and Frisk

LEVEL 3
STOP and FRISK
Temporary stop or detention (seizure) of a person in a public place suspected of criminal activity
for questioning and search for weapons (out of necessity of officer safety).
This stop must be based on reasonable suspicion for a felony of misdemeanor.
Officer must be within his or her jurisdiction.
THE PERSON IS NOT FREE TO LEAVE A LEVEL # ENCOUNTER.
Reasonable force can be used to detain the person.
The person can be detained for a reasonable amount of time to determine if the person is a
suspect or has committed the crime.

Level 4
ARREST
Supported by probable cause (reasonable cause to believe in NY constitution)
PERSON IS NOT FREE TO LEAVE
Reasonable force can be used to detain the person.

DeBour’s Four Levels of Street Encounters

Level 1 – Objective Credible Reason

Approach to Request Information
Can not request permission to search

Level 2 – Founded Suspicion

Common Law Right of Inquiry
Can request permission to search but cannot pursue/forcibly detain

Level 3— Reasonable Suspicion

Stop and (only if in fear of weapon) frisk
Can forcibly detain
 Stop, Question and Frisk

Level 4— Probable Cause

Arrest and Full Search Incident