People v. Carvey, 74 N.Y.2d 907 (1989)
During a lawful traffic stop, a police officer may conduct a limited search of items within the immediate reach of a vehicle’s occupant if it is reasonably necessary to ensure the officer’s safety.
Summary
The New York Court of Appeals held that a police officer’s action of shining a flashlight into a plastic bag at a suspect’s feet during a lawful traffic stop was justified for officer safety. The court reasoned that because the bag was within the suspect’s immediate reach while he was still in the vehicle, a cursory examination was permissible to ensure it did not contain a weapon or other dangerous instrumentality. This case distinguishes itself from cases where the suspect is removed from the vehicle before the search.
Facts
Police Officer Sherlock received a report of an abduction involving men in a grey Volvo. He spotted a matching vehicle and pulled it over. Sergeant Rivera, arriving on the scene, noticed a plastic bag at defendant Carvey’s feet, who was a passenger. Without opening the bag, Sergeant Rivera shined his flashlight through it, suspected it contained marihuana, and ordered Carvey out. A subsequent search revealed a loaded revolver on Carvey’s person.
Procedural History
Carvey was indicted for criminal possession of a weapon. He moved to suppress the evidence seized during the arrest, arguing the search was unlawful. The Supreme Court, New York County, denied the motion after a Mapp hearing. Carvey pleaded guilty, and the Appellate Division affirmed the lower court’s decision.
Issue(s)
Whether, during a lawful traffic stop, Sergeant Rivera exceeded the permissible scope of the stop by reaching into the car and shining his flashlight through the plastic bag at defendant’s feet?
Holding
No, because the sergeant’s actions were reasonably necessary to ensure that the bag, which was well within defendant’s immediate reach, did not contain a weapon or some other instrumentality that posed a threat to the officers’ safety.
Court’s Reasoning
The Court of Appeals reasoned that the search was justified under the circumstances to protect the officers. The court distinguished this case from People v. Torres, where a search of a bag after the suspect had been removed from the vehicle was deemed unlawful. In Torres, the court found that isolating the suspect negated the need to protect officer safety via an immediate search of the bag. Here, because Carvey was still in the car and the bag was within his reach, the police were justified in conducting the limited examination. The court emphasized the importance of officer safety during traffic stops, stating that the “cursory examination of the bag occurred while defendant was still sitting in the car. Since, at that point, the bag was still within defendant’s reach, the police were justified in examining it.” The court applied the principle that searches incident to a lawful stop must be “reasonably related to the need to protect the officers’ safety”. The court cited Terry v. Ohio in support of the principle that police officers can take reasonable steps to ensure their safety during an encounter with a suspect.