74 N.Y.2d 707 (1989)
During a lawful traffic stop, police officers may order both the driver and passengers to exit the vehicle without any particularized suspicion of danger, as such action is a reasonable safety precaution.
Summary
The New York Court of Appeals held that police officers, during a lawful traffic stop, may order a passenger to exit the vehicle as a precautionary measure. In this case, the vehicle was lawfully stopped for a traffic violation. An officer directed the passenger, Carvey, to step out. With the door open, a gun was visible, leading to Carvey’s arrest. The Court of Appeals affirmed the lower court’s decision, stating the Fourth Amendment permits such precautionary measures for passenger safety, regardless of specific suspicion, because the risks to officers during a traffic stop are the same whether the occupant is a driver or passenger.
Facts
Two police officers observed a car make an unsignaled right turn from the left lane across the flow of traffic, cutting off another vehicle. The officers initiated a traffic stop. One officer approached the driver’s side, while the other approached the passenger side, where Carvey was seated. The officer directed Carvey to step out of the car. With the passenger door open, the butt of a loaded handgun was plainly visible, protruding from under the seat. The gun was seized, and Carvey was arrested. A subsequent search revealed additional ammunition in Carvey’s pocket.
Procedural History
After his arrest, Carvey moved to suppress the evidence, arguing that the officer’s order to exit the vehicle was a violation of his Fourth Amendment rights. The suppression motion was denied, and Carvey was convicted. The Appellate Division affirmed the conviction. Carvey appealed to the New York Court of Appeals.
Issue(s)
Whether the Fourth Amendment is violated when a police officer orders a passenger out of a lawfully stopped vehicle without any particularized suspicion of danger.
Holding
No, because the inherent danger to police officers during a lawful traffic stop justifies the precautionary measure of ordering a passenger to exit the vehicle, regardless of any particularized suspicion.
Court’s Reasoning
The Court of Appeals relied on the U.S. Supreme Court’s decisions in Pennsylvania v. Mimms and New York v. Class, which established that officers may order a driver out of a vehicle during a traffic stop, even without a specific reason to believe the driver is armed. The court extended this principle to passengers, reasoning that the risks to officers are the same whether the occupant is a driver or a passenger. The court reasoned that brief, uniform precautionary procedures are not per se unreasonable or unconstitutional. The court stated, “police may order persons out of an automobile during a stop for a traffic violation.” The court also emphasized that the evidence at the suppression hearing supported the determination that requiring the defendant to step from the car was reasonable under the particular facts and pertinent federal guideposts. The court declined to address any potential violations of the New York State Constitution because the issue was not properly preserved for appeal.