People v. Benjamin, 65 N.Y.2d 841 (1985)
Under the Fourth Amendment, a limited search of the passenger compartment of a vehicle is permissible if the police have reasonable suspicion that the occupants are dangerous and may gain immediate control of a weapon inside the vehicle.
Summary
Police officers received a tip about individuals with guns in a black car who were about to commit a robbery. Upon locating the car, officers searched a suspect, then the car, finding nothing initially. After a second tip specified a “man in yellow,” the officers ordered the occupants out of the car, performed another pat-down, and then searched the vehicle, discovering a gun under the driver’s seat. The New York Court of Appeals upheld the search, finding it permissible under the Fourth Amendment because the officers had reasonable suspicion that the occupants were dangerous and might access a weapon upon re-entering the vehicle. The court emphasized that the search was limited to areas where a weapon could be hidden.
Facts
Early one morning, a motorist informed police officers that individuals, including one dressed in yellow, in a black car near 119th Street and Lenox Avenue, possessed guns and were planning to rob a store. The officers located the described vehicle and initially searched a black male near the car but found nothing. Joined by other officers, they observed the car begin to move. A second anonymous tip specified, “Men with guns, the detective was searching the wrong person, man in yellow walking away from car, about to commit a robbery.” The officers then ordered the occupants, including the defendant who was wearing yellow, out of the car and patted them down, again finding nothing. Officer Pirozzi then searched the vehicle and found a gun under the driver’s seat. The defendant subsequently admitted to finding the gun and placing it under the seat, and asked the police to release his friends.
Procedural History
The defendant was charged with possession of a weapon. The suppression court upheld the police conduct after a Mapp hearing, finding reasonable suspicion to stop the car and that the search was incident to a lawful arrest. The defendant was convicted of attempted possession of a weapon after a guilty plea. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals, challenging the search based on Fourth Amendment grounds.
Issue(s)
Whether the search of the passenger compartment of the vehicle violated the Fourth Amendment, given the officers’ reasonable suspicion that the occupants were armed and dangerous?
Holding
No, because the search was limited to areas where a weapon could have been placed and the officers possessed an articulable and objectively reasonable belief that the occupants were potentially dangerous and might gain immediate control of a weapon upon reentering the car.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s order, holding that the search did not violate the Fourth Amendment. Even assuming the defendant had standing to contest the search, the court reasoned that the officers had reasonable suspicion to believe the occupants were dangerous and might gain immediate control of a weapon. The court relied on Michigan v. Long, 463 U.S. 1032, 1051 (1983), stating that a search is permissible when officers “possess an articulable and objectively reasonable belief that the [occupants were] potentially dangerous” and might access a weapon in the vehicle. The court emphasized that the search was limited to areas where a weapon could have been placed or hidden. The court also noted that the defendant did not argue any violation of the New York State Constitution.