CPL- Debour Levels of Intrusion

Question 1

Debour Levels of Intrusion

What do police need to be at Level 1 and what can police do at this level?

Answer 1

What police need:
* Objective Credible Reason:
(Can’t be based on a whim or idle curiosity, some course of their conduct has to cause your interest, driving in circles, looks confused etc. not necessarily a belief that criminality is afoot)

What police can do:
* Engage in a conversation with individual
* Can request ID and or explanation as to whereabouts
* If person states they don’t want to talk to you, refuses ID, decides to walk away etc police cannot follow (People v. Howard). THE ENCOUNTER IS OVER

• However, if upon sight of or contact with officers the individual flees this conduct would raise the level of suspicion to a Level 2 Encounter

Question 2

Debour Levels of Intrusion

What do police need to be at Level 2 and what can police do at this level?

Answer 2

What police need:
* Founded suspicion that criminality is afoot:
(Present indication of criminality based on observable conduct or reliable hearsay, Ex. anonymous tip of man with gun, police have right to approach an individual fitting the description)

What police can do:
* Question the individual in a more accusatory manner (Whats in the bag?, Can i look in the bag?, Individual does have a right not to answer)
* Can not seize the individual if they comply or refuse to answer
* However, if the suspect leaves (runs or walks away) that raises the encounter to a Level 3 Encounter

Question 3

Debour Levels of Intrusion

What do police need to be at Level 3 and what can police do at this level?

Answer 3

What police need:
* Reasonable Suspicion:
(The quantum of knowledge necessary to induce an ordinary prudent & cautiousperson under the circumstances tobelieve criminal activity is at hand (People v Cantor))

What police can do:
* Seize (prevent them from leaving), Investigate & Frisk
* Frisk is allowed only when the officer reasonably suspects that s/he is in danger of physical injury by virtue of the detainee being armed (Terry v Ohio)

Question 4

Debour Levels of Intrusion

What do police need to be at Level 4 and what can police do at this level?

Answer 4

What police need:
* Reasonable Cause: Probable cause to arrest

What police can do:
* Seize (prevent them from leaving), and Arrest
* Subsequent search incident to lawful arrest

Question 5

Debour Levels of Intrusion

What effect does flight from an officer have on the Levels of Intrusion

Answer 5

• Flight raises the level of intrusion one level from whatever level you were at prior to the flight
• (1 –> 2) or (2 –> 3)