People v. Benjamin, 51 N.Y.2d 29 (1980)

When police officers have reasonable suspicion that an individual is armed and dangerous, based on specific and articulable facts, they may conduct a stop and frisk, and the reasonableness of the officers’ actions must be viewed in light of the totality of the circumstances.

Summary

The New York Court of Appeals held that police officers acted reasonably in ordering the defendant to lie on the ground to effectuate a stop and frisk. The officers had observed the defendant with a suspect who matched the description of an armed robbery perpetrator. The suspect was seen handing something to the defendant near the crime scene. The court reasoned that the officers’ actions were justified to ensure their safety and maintain the status quo while investigating a potential armed robbery. The single question, “Where is the gun?” was deemed a reasonable safety precaution and not a custodial interrogation requiring Miranda warnings.

Facts

Plainclothes officers observed three individuals, including Anthony Hernandez, huddled in a phone booth. Hernandez left the booth and repeatedly looked back towards it. An officer followed Hernandez, who entered a schoolyard and appeared to exchange something with the defendant, Benjamin. The officers received a radio report of a nearby armed robbery, and Hernandez matched the description of the suspect. As Hernandez and Benjamin walked towards the officers, they reversed direction upon seeing them. Officer Stryker identified himself, drew his revolver, and ordered Hernandez and Benjamin to lie face down on the ground.

Procedural History

The Supreme Court denied Benjamin’s motion to suppress the revolver and his statements. Benjamin pleaded guilty to criminal possession of a weapon. The Appellate Division affirmed the lower court’s decision. The dissenting Justice at the Appellate Division granted leave to appeal to the New York Court of Appeals.

Issue(s)

Whether the police officers’ actions in ordering the defendant to lie on the ground, drawing their weapons, and asking about the location of the gun constituted an unreasonable search and seizure in violation of the Fourth Amendment.

Holding

No, because under the totality of the circumstances, the officers had reasonable suspicion to believe that the defendant was armed and dangerous, justifying the stop and frisk, and their actions were reasonable to ensure their safety and maintain the status quo.

Court’s Reasoning

The Court of Appeals determined that the police activity constituted a “stop and frisk” rather than an arrest, as the intrusion was not of such magnitude as to constitute a de facto arrest requiring probable cause. The court emphasized that “[w]e are unaware of any statute or decisional authority that states that there is only one constitutionally acceptable manner of accomplishing a frisk.” Drawing weapons was justified given the officers’ belief that Hernandez had committed an armed robbery and might have passed the gun to Benjamin. The court reasoned that the officers were justified in taking precautionary measures to ensure their own safety. The court found that the officers had reasonable suspicion based on the totality of the circumstances, including Hernandez’s suspicious behavior, the radio report matching Hernandez’s description, and the observation of Hernandez handing something to Benjamin. Reasonable suspicion, not absolute certainty, is the applicable standard. The Court reasoned that the single question posed by Dieterich — “Where is the gun?” — was certainly justified in order to protect the officers’ welfare. The court concluded, “Courts simply must not, in this difficult area of street encounters between private citizens and law enforcement officers, attempt to dissect each individual act by the policemen; rather, the events must be viewed and considered as a whole, remembering that reasonableness is the key principle when undertaking the task of balancing the competing interests presented.” As stated in Terry v. Ohio, 392 US 1, 27, “The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.”