People v. Allen, 62 N.Y.2d 626 (1984)
A police officer may conduct a stop and frisk when they have a reasonable suspicion, based on specific and articulable facts, that the individual is involved in criminal activity and poses a threat to the officer’s safety or the safety of others.
Summary
The defendant, Allen, was convicted of criminal possession of a weapon. The key issue was whether the weapons, seized from a locker, were admissible as evidence. The Court of Appeals upheld the conviction, finding that the officer had reasonable suspicion to stop and frisk Allen based on his observed behavior (attempting to force open a locker, presence in a deserted area, and prior record), and that the subsequent search warrant was valid despite Allen’s initial arrest. The court emphasized the mixed question of law and fact involved in determining reasonable suspicion, limiting its review to whether evidence supported the lower court’s findings.
Facts
Amtrak Police Officer Rogers observed Allen in Penn Station at 1:00 a.m., leaning on locker Y861 and attempting to force it open. Allen had an open canvas bag next to him. A woman was nearby, looking away from Rogers. When Allen saw Rogers, he started to walk away, placing his hand in his waistband. Rogers grabbed Allen, frisked him, and found a key to the locker. Rogers also observed a crowbar, screwdrivers, and a flashlight in Allen’s open bag. Rogers knew Allen had a prior arrest for attempting to break into a locker in the same station and that Allen had been directed to stay out of Penn Station. Rogers also believed Allen was carrying a sawed-off shotgun based on an informer’s statement. Rogers testified he feared for his safety when he grabbed and frisked Allen.
Procedural History
Allen was convicted after a jury trial of criminal possession of a dangerous weapon. He appealed, challenging the denial of his motion to suppress the weapons found in the locker. The Appellate Division affirmed the conviction. Allen then appealed to the New York Court of Appeals, arguing that the weapons were seized in violation of his rights because the search warrant was based on statements he made after an illegal arrest.
Issue(s)
Whether the police officer had reasonable suspicion to stop and frisk the defendant based on the totality of the circumstances observed at the time of the encounter.
Holding
Yes, because there was evidence in the record to support the findings of the lower courts that the officer possessed reasonable suspicion to stop and frisk the defendant.
Court’s Reasoning
The Court of Appeals affirmed the lower court’s decision, holding that the officer possessed reasonable suspicion to stop and frisk Allen. The court emphasized that reasonable suspicion is a mixed question of law and fact, meaning that the Court of Appeals’ review was limited to whether there was evidence in the record to support the lower court’s findings. The court found that the officer’s observations of Allen attempting to force open the locker, his presence in a deserted area at 1:00 a.m., his prior record of similar offenses, and the officer’s belief that Allen was armed, all contributed to a reasonable suspicion that Allen was involved in criminal activity and posed a threat. The court noted undisturbed findings of attenuation, supported by evidence, were also not available for review. The court relied on precedent such as People v. Harrison, 57 NY2d 470, 477; People v. McCray, 51 NY2d 594, 601; People v. Wharton, 46 NY2d 924.