People v. Benjamin, 51 N.Y.2d 25 (1980)
A police officer is justified in conducting a protective pat-down for weapons when specific and articulable facts, combined with rational inferences, lead the officer to reasonably believe that the suspect is armed and dangerous.
Summary
This case addresses the circumstances under which a police officer may conduct a protective search for weapons without probable cause for arrest. The Court of Appeals held that a detective’s actions were justified when the defendant, after being questioned about purchasing a holster, placed his hand in his pocket and refused to remove it. The court emphasized the importance of officer safety and the need to allow officers to take reasonable precautions when they have a reasonable suspicion that an individual is armed and dangerous, even if probable cause for arrest is lacking. The purchase of the holster provided the necessary predicate for the officer’s inquiry and subsequent protective action.
Facts
Detective Fougere observed the defendant purchase a holster for a .25 caliber automatic pistol in a novelty shop. The detective followed the defendant and, after identifying himself as a police officer and showing his shield, asked the defendant why he bought the holster. The defendant responded by placing his hand in his coat pocket. Despite being instructed to remove his hand, the defendant refused. The detective then grabbed the defendant’s hand through the coat pocket and felt a gun.
Procedural History
The lower court denied the defendant’s motion to suppress the gun as evidence. The Appellate Division affirmed this decision. The case then went to the New York Court of Appeals.
Issue(s)
Whether the detective’s actions in grabbing the defendant’s hand through his coat pocket, leading to the discovery of the gun, constituted an unlawful search and seizure in violation of the Fourth Amendment.
Holding
No, because the detective had a reasonable basis to believe that the defendant was armed and dangerous, justifying the limited intrusion to ensure the detective’s safety.
Court’s Reasoning
The Court of Appeals distinguished this case from Brown v. Texas, where the only basis for suspicion was that the defendant’s presence in an alleyway “looked suspicious.” Here, the defendant’s purchase of a holster provided a sufficient basis for the detective’s inquiry. While the purchase itself was not criminal, it created a reasonable suspicion that the defendant might possess a gun. The court emphasized that the encounter was not a seizure until the defendant refused to remove his hand from his pocket.
The court reasoned that the defendant’s act of placing his hand in his pocket and refusing to remove it, when combined with the prior observation of the holster purchase, created a reasonable fear for the detective’s safety, justifying the protective action. The court cited Terry v. Ohio, noting that an officer may take reasonable steps to protect themselves when they have reason to believe they are dealing with an armed and dangerous individual, regardless of whether there is probable cause to arrest. The court stated, “Under those circumstances it is reasonable to infer, as did the courts below, that he grabbed defendant’s hand to protect himself, even though he never expressly so testified. Under the Supreme Court’s ruling in Terry v Ohio (392 US 1, 27) he had a right to do so ‘regardless of whether he has probable cause to arrest the individual for a crime.’”
The court distinguished People v. Prochilo, where there was no indication that the object in the defendant’s pocket was a gun. In this case, the holster purchase directly suggested the presence of a gun, justifying the detective’s protective action. The court concluded that the purchase of the holster, combined with the defendant’s actions, provided sufficient justification for the detective’s actions under CPL 140.50, subd 3.