People v. Holmes, 81 N.Y.2d 1056 (1993)
Flight from police in conjunction with other factors, such as presence in a high-crime area and prior observed suspicious behavior, can provide reasonable suspicion justifying police pursuit.
Summary
Police officers observed the defendant in a high-crime area engaging in what appeared to be a drug transaction. Upon being approached by the officers, the defendant fled into a store, discarding a bag containing drugs. The New York Court of Appeals held that the defendant’s flight, combined with the prior observations, provided reasonable suspicion for the police pursuit, making the abandonment of the bag lawful and the drugs admissible as evidence. This case clarifies the circumstances under which flight can escalate an encounter from a mere approach to a justified pursuit.
Facts
On October 12, 1989, Officer Carney, stationed at a hidden observation post in a high-crime area of Manhattan, observed Holmes standing on a street corner. Carney witnessed Holmes remove a small plastic bag from a brown paper bag and exchange it with another man for money. Carney radioed Officers Shea and Fitzgerald, providing a detailed description of Holmes. Shea and Fitzgerald approached Holmes, who then quickened his pace and entered a delicatessen, where he discarded the brown paper bag. The bag was recovered and found to contain over 100 vials of crack cocaine.
Procedural History
Holmes was arrested and indicted for criminal possession of a controlled substance. He moved to suppress the physical evidence, which was denied. He was subsequently convicted. The Appellate Division affirmed the conviction, with a dissenting Justice granting leave to appeal to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether the defendant’s flight from police officers, combined with the officers’ prior observations of the defendant engaging in suspicious behavior in a high-crime area, provided reasonable suspicion justifying the officers’ pursuit.
Holding
Yes, because the defendant’s street corner activity gave the police an objective, credible reason to approach him, and his subsequent flight furnished reasonable suspicion that he had committed or was about to commit a crime, thus justifying the pursuit.
Court’s Reasoning
The Court of Appeals affirmed based on the motion court’s rationale, which the Appellate Division did not disturb. The court relied on the principle established in People v. De Bour, 40 N.Y.2d 210 (1976), that police may approach an individual when they have an objective, credible reason. Here, the observed hand-to-hand transaction provided such a reason. The court then applied the rule from People v. Martinez, 80 N.Y.2d 444 (1992), holding that flight in response to police presence can escalate the encounter to reasonable suspicion justifying pursuit. The court reasoned that Holmes’s abandonment of the bag was not in response to unlawful police conduct, and the contents of the bag (the crack cocaine) supplied probable cause for his arrest. The court emphasized the importance of considering the totality of the circumstances, including the high-crime area and the observed transaction, when evaluating the justification for the police action. The court stated, “Defendant’s street corner activity gave the police an objective, credible reason to approach him (see, People v De Bour, 40 NY2d 210, 223). In the circumstances presented, defendant’s flight furnished reasonable suspicion that he had committed or was about to commit a crime such that pursuit by the officers was justified (see, People v Martinez, 80 NY2d 444, 448).”