People v. De Bour, 40 N.Y.2d 210 (1976)
A police officer may not frisk a suspect based solely on a citizen’s report of “suspicious” behavior without the officer independently assessing the facts and forming a reasonable suspicion that the individual is armed and dangerous.
Summary
This case addresses the limits of stop-and-frisk procedures based on information provided by a civilian. The New York Court of Appeals held that a frisk is unlawful when based solely on a citizen’s conclusory report of “suspicious” behavior without the officer independently observing facts to justify a reasonable suspicion that the suspect is armed and dangerous. The court emphasized the importance of the officer’s personal observation and experience in forming a reasonable suspicion, distinguishing the case from situations where the tip has indicia of reliability or is immediately verifiable.
Facts
Shortly before midnight, a liquor store was robbed by two armed black men. Officer Morris responded to the scene. A man identifying himself as a patron of “Fat Man’s Bar,” located near the liquor store, flagged down Officer Morris. The patron reported hearing about the shooting and stated that two “suspicious” black men had just entered Fat Man’s Bar. Without further inquiry or observation, Officer Morris entered the bar and, based solely on the citizen’s identification, frisked the defendant and his companion, finding a loaded revolver on the defendant. The liquor store owner later stated that the men were not the robbers.
Procedural History
The defendant was charged with attempted felonious possession of a weapon. He moved to suppress the evidence (the revolver), arguing that the frisk was unlawful. The trial court denied the motion, and the defendant pleaded guilty. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a police officer may conduct a lawful frisk based solely on a citizen’s report that an individual looks “suspicious,” without the officer having any independent basis to suspect that the individual is armed and dangerous.
Holding
No, because the officer had no independent knowledge of facts to suggest the defendant possessed a firearm or posed a threat, and the citizen’s report of suspicion, without more, did not provide adequate grounds for a frisk.
Court’s Reasoning
The Court of Appeals reversed, relying on Terry v. Ohio, which requires specific and articulable facts, combined with rational inferences, to justify a stop and frisk. The court emphasized that the officer’s personal knowledge and experience are critical in evaluating the circumstances. A mere anonymous tip of “men with guns” is insufficient to justify a pat down (citing People v. Benjamin). The court distinguished this case from Adams v. Williams and People v. Moore, where the information received by the police had indicia of reliability (e.g., a known informant with a history of providing tips, or a man claiming to be the suspect’s husband). Here, the tip lacked any indicia of reliability and was subjective, non-particularized, and conclusory. The court stated, “whether a person is ‘suspicious’ is the ultimate determination that is to be reached by the officer on the basis of his or her own observations and experience.” The court further reasoned that the circumstances required further investigation before a forcible stop and frisk would be authorized. The court noted that a frisk based solely on an officer’s conclusory statement that someone looks suspicious would be unjustifiable; relying solely on a layperson’s conclusory and unsubstantiated suspicion is even weaker.