"The video came to the attention of police after a Sun reporter e-mailed the 3 1/2 minute link to the police Sunday morning."
“The United States Supreme Court has likewise held that a citizen who does not wish to answer police questions may disregard the officer's questions and walk away. Refusal to answer an officer's questions, standing alone, does not satisfy the constitutional ‘reasonable suspicion’ test.
Under governing New York law, an individual has a constitutional right to refuse to respond to questions posed by a police officer, may remain silent, and may even walk away without fearing an arrest or detention by the officer. ‘Flight alone . . . or in conjunction with equivocal circumstances that might justify a police request for information is insufficient to justify pursuit because an individual has a right ‘to be let alone' and refuse to respond to police inquiry.’
Finally, ‘[i]n light of the recognized ‘unsettling' aspect of a police-initiated inquiry of citizens,’ some New York courts have held that nervous reaction to nonthreatening questioning is not sufficient to authorize a greater intrusion.”
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