People v. De Bour, 40 N.Y.2d 210 (1976)
A police officer’s encounter with a citizen must be justified by the circumstances, ranging from a simple request for information based on an objective credible reason to an arrest based on probable cause.
Summary
This case outlines a four-tiered framework for evaluating the legality of police encounters with citizens. The court held that police encounters must be justified by the circumstances. These range from a simple request for information based on an objective credible reason, not necessarily indicative of criminality, to a stop and frisk based on reasonable suspicion, to an arrest based on probable cause. The court found the initial encounter in this case justified, but suppressed the evidence because the escalated search was not.
Facts
Two police officers patrolling in New York City observed De Bour walking towards them at 12:30 a.m. in an area with a high incidence of drug activity. De Bour crossed the street when he was approximately 30 feet from the officers. The officers followed De Bour and asked him a question. During the encounter, one of the officers noticed a bulge in De Bour’s jacket. The officer asked De Bour to open his jacket, and upon doing so, the officer discovered a gun.
Procedural History
De Bour was charged with possession of a weapon. He moved to suppress the weapon as evidence, arguing that the police stop and search violated his Fourth Amendment rights. The trial court denied the motion, and De Bour was convicted. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
- Whether the police officers’ initial approach and questioning of De Bour was justified.
- Whether the officer’s request for De Bour to open his jacket constituted an unlawful search.
Holding
- Yes, because the police officer had an objective, credible reason, not necessarily indicative of criminality, to approach De Bour to request information.
- Yes, because the officer’s request to open his jacket was an unreasonable intrusion absent reasonable suspicion that De Bour was armed or dangerous.
Court’s Reasoning
The Court of Appeals established a four-tiered analysis for evaluating police encounters: “The minimal intrusion of approaching to request information is permissible when there is some objective credible reason for that interference not necessarily indicative of criminality.” The court reasoned that the officers’ initial approach and questioning were justified because De Bour’s act of crossing the street late at night in a high-crime area provided an objective, credible reason for the officers to seek information. However, the court found that the officer’s request for De Bour to open his jacket was an unreasonable search. The court stated that a more intrusive encounter, such as a search, requires a greater degree of suspicion. “Before the police officer places a hand on the person of a citizen in search of anything, he must have reasonable suspicion that that person is committing, has committed, or is about to commit a crime.” Because the officer’s observation of a bulge in De Bour’s jacket, without more, did not provide reasonable suspicion that De Bour was armed or dangerous, the request to open the jacket was unlawful.