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THE DE BOUR STREET STOP REQUIREMENTS, NOT THE TRAFFIC STOP REQUIREMENTS, APPLY TO THE APPROACH OF A PERSON IN A STATIONARY CAR WITH THE ENGINE RUNNING (THIRD DEPT).

The Third Department noted that a police officer (Meskill) approaching a person in a parked car is subject to the De Bour requirements for a street stop, not a traffic stop:

With respect to the initial encounter, unlike a stop of a moving vehicle — which must be based upon reasonable suspicion of criminal activity … or probable cause to believe that a traffic violation has occurred  … — “[a] police approach to an occupied, stationary vehicle is subject to the first level of the De Bour analysis” and is justified if “supported by an objective, credible reason, not necessarily indicative of criminality” … . There is no dispute here that Meskill was authorized to approach defendant’s vehicle in response to a citizen-requested welfare check upon observing him slumped over with the engine running. People v Spradlin, 2020 NY Slip Op 06982, Third Dept 11-25-20

 

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