People v. Carvey, 89 N.Y.2d 707 (1997)
When a police officer has a reasonable suspicion that criminal activity is afoot and an articulable basis to fear for their safety, they may intrude upon a suspect’s person or personal effects only to the extent necessary to protect themselves from harm; however, specific facts, like wearing a bulletproof vest and furtive movements, can justify a vehicle search even after occupants are removed.
Summary
Carvey was a passenger in a car stopped for a traffic violation. Officers noticed Carvey wearing a bulletproof vest and saw him making a furtive movement as if placing something under his seat. After removing all occupants from the car, officers searched the area under Carvey’s seat and found a gun. The New York Court of Appeals held that the search was justified because the bulletproof vest, combined with the furtive movement, gave the officers a reasonable basis to believe a weapon was present and posed an immediate threat to their safety. This case clarifies the exception to the rule that a vehicle search is unlawful once suspects are removed and patted down without incident.
Facts
At 1:20 a.m., police stopped a car for lacking a rear license plate. An officer noticed Carvey, a passenger in the rear seat, bend down and place something under the seat with his right hand. The officer also observed that Carvey was wearing a bulletproof vest under his sweatshirt. All four occupants were removed from the car. After patting Carvey down, an officer reached into the car under the rear passenger seat and recovered a gun from the spot where Carvey had been seated.
Procedural History
Carvey moved to suppress the weapon and his subsequent statements, arguing they were the result of an unconstitutional search. The suppression court denied the motion, finding the stop and subsequent search lawful. Carvey pleaded guilty to attempted criminal possession of a weapon. The Appellate Division affirmed the suppression court’s decision. The New York Court of Appeals then affirmed the Appellate Division’s order.
Issue(s)
Whether, after lawfully stopping a vehicle and removing its occupants, police officers may conduct a search of the vehicle’s interior based on reasonable suspicion of a weapon, when the suspect was wearing a bulletproof vest and made furtive movements.
Holding
Yes, because the combination of Carvey wearing a bulletproof vest and his act of placing something under the seat gave the officers a reasonable basis to conclude that a weapon was in the vehicle and presented an actual and specific danger to their safety.
Court’s Reasoning
The Court of Appeals relied on its prior holding in People v. Torres, which established a narrow exception to the general rule that a vehicle search is unlawful once the suspects have been removed and patted down without incident. The court emphasized that while reasonable suspicion alone is insufficient, facts that lead to the conclusion that a weapon presents an actual and specific danger to officer safety can justify a further intrusion. The court distinguished this case from Torres, where an anonymous tip was deemed insufficient, and People v. Ellis, where bullets found during a frisk provided probable cause for a search. The Court reasoned that a bulletproof vest, unlike an empty holster, demonstrates a readiness and willingness to use a deadly weapon. Combined with Carvey’s suspicious movements, this created a reasonable belief that a weapon was present and posed a threat. As the court noted, “[t]he whole purpose of the wearing of the vest is to make it more feasible to go armed, [and] to enhance the advantage of doing so.” The court emphasized that the intrusion was limited to the area where Carvey had been seated. The court explicitly declined to address whether probable cause to search the entire vehicle existed, as that issue had not been decided below.