People v. De Bour, 40 N.Y.2d 210 (1976)
A warrantless search is permissible if based on a reasonable suspicion, supported by articulable facts, that the individual is carrying a weapon, especially when the suspicion arises from a known informant’s tip regarding a serious crime.
Summary
The New York Court of Appeals addressed the validity of a warrantless search of the defendant’s handbag and the seizure of a loaded revolver. The search occurred at a police station after the defendant reported being menaced with a knife by Felix Dotson, with whom she lived. Dotson, after being arrested, told the police the defendant had a gun. The court held that the motion to suppress the weapon was properly denied because the police had reasonable suspicion to believe the defendant possessed a weapon, justifying the search. The court emphasized the balance between individual rights and public safety, particularly when dealing with concealed weapons.
Facts
The defendant was accosted in her car by Felix Dotson, who threatened her with a knife. She escaped and reported the incident to the police, stating Dotson had been harassing her. Dotson was arrested and told the arresting officer that the defendant was his wife and was “sick” and that she had a gun in her possession. The defendant went to the police station to file a complaint against Dotson. At the station, an officer asked for her handbag, which she surrendered. A search of the handbag revealed a loaded .22 caliber revolver, for which she admitted she had no permit.
Procedural History
The defendant moved to suppress the revolver as evidence, arguing it was obtained through an illegal search. The suppression motion was denied after a hearing. The defendant pleaded guilty to attempted possession of a dangerous weapon. The Appellate Term, Second Department, affirmed the conviction. The case then went to the New York Court of Appeals.
Issue(s)
Whether a warrantless search of the defendant’s handbag, which led to the discovery of a loaded revolver, violated the defendant’s Fourth Amendment rights against unreasonable searches and seizures.
Holding
No, because under the totality of the circumstances, the police officer had a reasonable suspicion based on reliable information that the defendant was carrying a concealed weapon, justifying the search of her handbag.
Court’s Reasoning
The court balanced the need to seize weapons and the individual’s right to privacy, referencing Terry v. Ohio. Reasonable suspicion can be based on personal observation or information from another person. When the information comes from an informant, it must have sufficient indicia of reliability. Here, the informant (Dotson) had just been involved in an altercation with the defendant, involving a knife. He claimed the defendant had a gun. The court distinguished this case from those involving anonymous informants, noting Dotson’s information was immediately verifiable, and he would be subject to charges for falsely reporting an incident. The court emphasized the immediate danger posed by concealed weapons, stating, “Concealed weapons present an immediate and real danger to the public. Although that danger would not warrant a routine weapons check, it should support an appropriate police response on less than a probability.” Given the totality of the circumstances, including the report of a concealed weapon, the court found the search of the defendant’s handbag to be a reasonable, limited intrusion.