People v. Allende, 39 N.Y.2d 474 (1976)
A vehicle stop and search is illegal if based on a mere whim or caprice, without any reasonable suspicion that a crime has been, is being, or is about to be committed.
Summary
This case addresses the legality of a vehicle stop and search. Police officers, without any prior information or reasonable suspicion, approached a double-parked car with guns drawn, effectively seizing the vehicle and its occupants. A subsequent search revealed an illegal weapon. The New York Court of Appeals held that the seizure was unlawful because it was based on a mere whim, lacking any reasonable basis to suspect criminal activity. Therefore, the evidence obtained from the illegal search was inadmissible, and the defendant’s conviction was overturned.
Facts
Two plainclothes police officers in an unmarked taxi observed four men, including Allende, in a double-parked car with the engine running. The officers had no prior information about the vehicle or its occupants. Without any radio bulletin or other information suggesting criminal activity, the officers approached the vehicle with their guns drawn.
Procedural History
Allende was charged with possession of a weapon. He moved to suppress the gun as evidence, arguing it was obtained through an illegal search. The trial court denied the motion, and Allende pleaded guilty. The Appellate Division affirmed the conviction. The New York Court of Appeals then reviewed the case.
Issue(s)
Whether the police officers’ approach of the double-parked vehicle with guns drawn, absent any reasonable suspicion of criminal activity, constituted an illegal seizure under the Fourth Amendment and Article I, Section 12 of the New York Constitution, thereby rendering the subsequent search and seizure of the weapon unlawful.
Holding
Yes, because the police action constituted an unlawful seizure based on nothing more than a whim or caprice, as the officers lacked any reasonable basis to believe that the occupants had committed, were committing, or were about to commit a crime.
Court’s Reasoning
The Court of Appeals determined that approaching the vehicle with guns drawn constituted a seizure under both the State and Federal Constitutions. The legality of the seizure hinged on whether the officers had reasonable cause for the intrusion. The court emphasized this was not a routine traffic stop, as the officers admitted their primary objective was to determine if the vehicle was stolen, not to address the double-parking violation. Quoting Terry v. Ohio, the court stated that the facts available to the officer at the moment of the seizure must “warrant a man of reasonable caution in the belief that the action taken was appropriate.” The court found no such facts existed, stating, “the seizure, judged as it must be as of its inception, was one based on nothing but a mere ‘whim or caprice’.” Because the initial seizure was unlawful, the subsequent discovery of the weapon was also tainted, and the evidence should have been suppressed. The court emphasized the importance of deterring unlawful police conduct, quoting Elkins v. United States: “to compel respect for the constitutional guaranty in the only effectively available way— by removing the incentive to disregard it”.