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Barry Kamins

For the first time in its 42-year-old history, People v. DeBour (40 N.Y.2d 210) is facing divergent criticism from members on the New York Court of Appeals, as well as a report issued by a committee of prosecutors at the New York State Bar Association. In recent decisions, two jurists have questioned whether DeBour’s framework sufficiently protects a citizen who chooses to remain silent during a police encounter, thus invoking the right to be left alone. Another jurist has opined that DeBour’s “hyper stringent” structure is too technical and undermines the goal of public safety.

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