People v. Ocasio, 85 N.Y.2d 508 (1995)
Under the New York Constitution, a direction to “stop” by a uniformed police officer, considered in light of all surrounding circumstances, may constitute a seizure if it results in a significant interruption of an individual’s liberty of movement.
Summary
This case addresses whether a police officer’s direction to a suspect to “stop” constitutes an unlawful seizure under the New York State Constitution. Police officers, responding to a radio report of a black male selling narcotics while wearing red and blue clothing, encountered the defendant, who matched the description. As the officer approached, the defendant began to walk away. The officer told him to “stop,” and the defendant then fled, discarding a bag containing cocaine. The New York Court of Appeals held that the officer’s direction to “stop” did not, as a matter of law, constitute a seizure under the specific facts presented.
Facts
Police received a radio report about a black male selling narcotics at a specific location, wearing red and blue clothing. Upon arriving at the location within a minute, they observed approximately ten people, including the defendant, who was the only one matching the description. As an officer approached, the defendant, after looking at the officer, began to walk away. The officer then directed the defendant to “stop.” The defendant then ran and discarded a bag containing vials of crack cocaine before being apprehended.
Procedural History
The defendant moved to suppress the drugs, arguing the “stop” command was an unlawful seizure. The Supreme Court denied the motion. The defendant pleaded guilty. The Appellate Division affirmed, finding a sufficient basis for a common-law inquiry and reasonable suspicion to pursue the defendant after he fled.
Issue(s)
Whether a direction by a uniformed police officer to “stop,” made to a defendant as he began to walk away, constitutes a seizure as a matter of law under the New York State Constitution.
Holding
No, because under the totality of the circumstances, the officer’s single direction to stop was not a sufficient show of authority to constitute a seizure.
Court’s Reasoning
The Court of Appeals distinguished between the Fourth Amendment standard under California v. Hodari D., which requires physical force or submission to authority for a seizure, and the New York Constitution, which focuses on whether there was a “significant interruption [of the] individual’s liberty of movement.” The court emphasized that while a verbal command alone might not be a seizure, it can be when coupled with other factors, such as drawn weapons or preventing movement. The Court distinguished this case from prior cases where a seizure was found, noting that here, there was only a single command to stop. The Court stated, “There are no bright lines separating various types of police activity. Determining whether a seizure occurs during the course of a street encounter between the police and a private citizen involves an analysis of the ‘most subtle aspects of our constitutional guarantees’.” The Court found that the facts did not indicate the officer’s conduct rose to the level of a seizure and deferred to the factual findings of the lower courts. The test is “whether a reasonable person would have believed, under the circumstances, that the officer’s conduct was a significant limitation on his or her freedom.”