Police Cannot Stop or Search Vehicles Arbitrarily

The New York State Legislature is moving to limit police stops and searches of vehicles on the road, with a bill (S3662) introduced by New York State Senator Brad Hoylman-Segal in February. The bill aims to restrict police from conducting arbitrary stops and searches and would require immigrant drivers to sign a consent form in their native language before their vehicles can be searched. It also includes a provision that evidence obtained through searches without consent cannot be used in court.

If the bill becomes law, police will be prohibited from stopping and searching vehicles for minor infractions such as “broken headlights or taillights,” “heavy tint on windows,” “expired vehicle registration and inspection,” and “smell of marijuana.” The law would also ban the use of drug-sniffing dogs for vehicle searches.

The bill has faced strong opposition from some law enforcement officials. Nassau County District Attorney Ann T. Donnelly called the bill “ridiculous” on the 4th, arguing that limiting routine traffic stops could prevent police from arresting suspects involved in more serious crimes. She highlighted the 1993 arrest of serial killer Joel Rifkin, which was made possible by a traffic stop on a pickup truck without a rear license plate, as an example of the importance of police stops. Donnelly stressed that police should retain their authority to conduct stops and searches as they currently do.

Supporters of the bill, including several civic groups, argue that it is a necessary measure to promote racial equality and prevent unnecessary police contact, particularly in Nassau County. Despite making up less than 30% of the county’s total population, Black and Hispanic individuals account for a disproportionate share of arrests, stops, and searches. According to an analysis by these groups, 61% of arrests, 50% of stops, 60% of “field interrogations,” and 69% of “pat-downs” in Nassau County involve Black and Hispanic individuals, suggesting racial bias in law enforcement practices.