Hon. Barry Kamins presented at the Brooklyn Bar Association regarding the evolving nature of search and seizure laws, emphasizing the Fourth Amendment's protection against unreasonable searches. A key discussion point was 'probable cause' needed for actions like drunk driving arrests, with judges now requiring more evidence than just outward signs. Additionally, Kamins highlighted that nearly a million stops occur annually in New York, introducing new cases related to automobile stops and a novel concept termed 'Stop for Public Safety Reasons', which courts will strictly scrutinize to prevent misuse.
Traditionally, drunk driving cases have been about an officer arresting someone when they pull up and smell alcohol or see bloodshot eyes. But some judges are saying in addition to that, you need evidence that the person is driving erratically or unlawfully.
If an officer feels that a person is in need of help and assistance, they can stop the car. But the courts said they will be very strictly watching this because they don't want it to be used as a reason for stopping every vehicle.
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