NYLE NY Constitutional Law & Civil Rights 4

Question 1

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

Accepted Answer

A founded suspicion that criminality is afoot

Answer

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

Question 2

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?

Accepted Answer

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

Answer

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.

Question 3

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?

Accepted Answer

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

Answer

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.

Question 4

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?

Accepted Answer

Article XI, §1 (Education Article)

Answer

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

Question 5

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?

Accepted Answer

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

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Constitutional Law & Civil Rights 4