People v. De Bour, 40 N.Y.2d 210 (1976)
Police encounters with citizens are governed by a four-tiered framework that balances an individual’s right to privacy against the needs of law enforcement; the permissible level of intrusion increases as the level of suspicion increases.
Summary
This landmark New York case establishes a four-tiered framework for evaluating the legality of police encounters with citizens. The court recognized that not every encounter constitutes a seizure, and that the permissible level of police intrusion should be calibrated to the degree of suspicion they possess. From a simple request for information to a full-blown arrest, each level requires a different justification. The case emphasizes the importance of balancing individual rights with the legitimate needs of law enforcement in maintaining public order and investigating potential criminal activity. The court ultimately suppressed evidence because the police action exceeded the permissible level of intrusion justified by the circumstances.
Facts
A police officer, patrolling in New York City at night known for its high incidence of crime, observed the defendant walking on the same side of the street, approaching him. The officer noticed the defendant crossed the street when he was approximately 30 feet away. The officer became suspicious and called out to the defendant, asking him to stop and approach the officer. When the defendant complied, the officer asked him what he was doing in the neighborhood. The defendant gave an unsatisfactory answer. The officer then frisked the defendant and discovered a weapon. The defendant was arrested and charged with possession of the weapon.
Procedural History
The trial court denied the defendant’s motion to suppress the weapon, and the defendant was convicted. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal to determine whether the police encounter and subsequent search violated the defendant’s Fourth Amendment rights.
Issue(s)
Whether the police officer’s initial encounter with the defendant, including the request to stop and the questioning, was justified under the Fourth Amendment.
Whether the subsequent frisk of the defendant was justified.
Holding
No, the police officer’s actions were not justified because the officer lacked a reasonable suspicion to stop and frisk the defendant. The court articulated a four-tiered test that the officer’s actions violated. Evidence was suppressed.
Court’s Reasoning
The Court of Appeals articulated a four-tiered method for evaluating police encounters with citizens. Tier 1 is a request for information, which requires only an objective, credible reason, not necessarily indicative of criminality. Tier 2 is the common-law right to inquire, which requires a founded suspicion that criminal activity is afoot. Tier 3 is a forcible stop and detention, which requires a reasonable suspicion that the person has committed, is committing, or is about to commit a crime (based on specific and articulable facts). Tier 4 is an arrest, which requires probable cause to believe that the person has committed a crime. The court found that the officer’s initial actions in this case constituted a Tier 2 encounter (common-law inquiry). However, the court held that the officer lacked the requisite founded suspicion to justify even this level of intrusion. The defendant’s act of crossing the street, even in a high-crime area, was not sufficient to create a reasonable suspicion of criminal activity. The court stated, “[t]he police may not forcibly detain an individual without any indication of criminal activity.” The court reasoned that to justify a frisk, an officer must have a reasonable suspicion that the individual is armed and dangerous, which was absent here.