| BILL NO | S02773A |
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| SAME AS | No same as |
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| SPONSOR | VOLKER |
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| COSPNSR | FARLEY, LEIBELL, MALTESE, NOZZOLIO, PADAVAN, RATH, SEWARD, TRUNZO, WRIGHT |
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| MLTSPNSR | |
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| Amd SS140.50, 710.60 & 710.70, CP L |
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| Relates to the authority of police officers to investigate criminal activity, the exclusion of evidence in criminal actions and the procedures governing motions to suppress; empowers police officers engaged in law enforcement duties to approach persons in public places when the police have an objective, credible reason not necessarily indicative of criminality and, provided that the police do not transgress the applicable limitations of the state or federal constitution, ask any questions and take such other actions as the police deem appropriate; specifies that a court must set forth on the record the facts relating to and their reasons supporting its conclusion that the defendant has standing to contest the legality of the police action; bars courts from excluding evidence in criminal actions on the grounds that the evidence was obtained in violation of a right accorded to the defendant by the first paragraph of article 1, section 12 of the New York Constitution (the constitutional provision identical in terms to the fourth amendment to the federal constitution), unless the court determines after a hearing that the conduct constitutingthe violation was committed in bad faith and not in whole or in part for the purpose of protecting the safety of the actor or another person. |
