People v. Pugach, 15 N.Y.2d 65 (1964)
A “frisk” for weapons, permissible during a lawful detention for inquiry, can extend to containers, such as a briefcase, carried by the suspect if there is reasonable concern for officer safety.
Summary
The New York Court of Appeals upheld the conviction of Burton Pugach for unlawfully possessing a loaded firearm. Police officers, investigating Pugach for an unrelated matter, stopped him, and escorted him to a squad car. Inside the car, officers “frisked” Pugach and then searched the briefcase he was carrying, discovering an unlicensed, loaded pistol. The Court found that the search of the briefcase was a permissible extension of a lawful “frisk” and not an unreasonable search under the Fourth Amendment, given the circumstances of the detention and the officers’ safety concerns. The court reasoned that a weapon concealed in a briefcase is the same as concealed on the person.
Facts
New York City police were investigating Burton Pugach concerning an unrelated matter. On October 30, 1959, three officers observed Pugach entering an office building carrying a briefcase. Two officers approached him and asked him to accompany them to a squad car for questioning about the other matter. Inside the car, officers began to “frisk” Pugach. Pugach placed the briefcase on the floor. After the frisk, an officer took the briefcase, unzipped it, and discovered a loaded pistol. Pugach admitted he did not have a permit for the weapon and stated he would explain his possession of the gun “at the right time and place.”
Procedural History
Pugach was convicted in the Bronx County Court for violating Section 1897 of the Penal Law (illegally carrying a concealed, loaded firearm without a license). The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal to determine the legality of the search and seizure of the briefcase and its contents.
Issue(s)
Whether the search of the defendant’s briefcase during a “frisk” in a police car, leading to the discovery of an unlicensed loaded firearm, constituted an unreasonable search and seizure in violation of the Fourth Amendment.
Holding
No, because under the circumstances, the inclusion of the briefcase in the “frisk” was not so unreasonable as to be constitutionally illegal.
Court’s Reasoning
The Court reasoned that the Fourth Amendment proscribes “unreasonable” searches and seizures, and that determining “unreasonableness depends on surrounding facts and circumstances and involves a balancing of interests.” Referencing *People v. Rivera*, the court stated that a “frisk” is a reasonable and constitutionally permissive precaution to minimize the danger to a policeman who is trying to determine whether a crime has been or is about to be committed. The right to “frisk” is justified as an incident to an inquiry upon grounds of safety and precaution which might not initially sustain a search. The court held that the fact that the loaded gun was found concealed in the briefcase, rather than in a pocket of defendant’s clothing, affords no ground for saying that this “frisk” was in reality a constitutionally protected search. In the language of the statute, “the loaded firearm concealed in the brief case carried in the hands of the defendant was concealed upon his person (Penal Law, § 1897).” The court deemed disclosure of the “other matter” unnecessary, given the ongoing surveillance of the defendant and the intent to bring him to the police station for questioning. Therefore, under all the circumstances the inclusion of the brief case in the “frisk” was not so unreasonable as to be constitutionally illegal.