NY Constitutional Law & Civil Rights Flashcards

Under the De Bour framework, what level of suspicion must a NY police officer have to exercise the common-law right of inquiry?

Answer: A founded suspicion that criminality is afoot

People v. De Bour holds that the common-law right of inquiry (level two) requires a founded suspicion that criminal activity is afoot.

A defendant charged with a felony punishable by up to 7 years wants to waive grand jury indictment and proceed by superior court information. Under NY Const. Art. I, §6, which requirement applies?

Answer: Waiver must be by written instrument in open court with the district attorney's consent

Article I, §6 allows waiver of indictment by a signed written instrument in open court with the DA's consent, except for crimes punishable by death or life imprisonment.

Police enter a defendant's privately owned, fenced, and posted rural land without a warrant and find marijuana plants. How would a NY court likely rule under Art. I, §12?

Answer: The search is unlawful because NY rejects the open fields doctrine for land posted against trespass

In People v. Scott, the Court of Appeals declined to follow Oliver v. United States and protected posted, fenced private land under the State Constitution.

Which NY constitutional provision did the Court of Appeals rely on in Campaign for Fiscal Equity v. State to require funding sufficient for a sound basic education?

Answer: Article XI, §1 (Education Article)

Article XI, §1 requires the Legislature to maintain free common schools, which CFE interpreted as guaranteeing the opportunity for a sound basic education.

A magazine uses a private citizen's photo, without consent, in an advertisement for a dietary supplement. What is the citizen's best claim under NY law?

Answer: Civil Rights Law §§50-51 misappropriation for advertising or trade purposes

NY recognizes no common-law right of privacy, so commercial use of a person's name or likeness without written consent is actionable only under Civil Rights Law §§50-51.

Under the NY Constitution, how may a proposed constitutional amendment originating in the Legislature reach the voters?

Answer: Passage by a majority in each house of two successive, separately elected legislatures

Article XIX requires approval by two successively elected legislatures before the amendment is submitted to the people.

Under NY's 'indelible' right to counsel, when may a suspect in custody validly waive the right to counsel without a lawyer present?

Answer: Never, once counsel has entered the matter or formal proceedings have begun

Once the right to counsel indelibly attaches, a waiver is effective only if made in the presence of counsel (People v. Hobson; People v. Rogers).