People v. Salaman, 9 N.Y.3d 371 (2007)
When executing an arrest warrant, a minimal police intrusion, such as asking an individual to show their hands, is justified if officers have a reasonable belief that the individual may be armed and dangerous, based on the totality of the circumstances.
Summary
During the execution of arrest warrants for a probation violator, officers found the defendant in an apartment with two other men. After discovering weapons near the other two men, officers asked the defendant to show his hands because he was fidgeting and mumbling while sitting on them. Upon doing so, a handgun was revealed. The New York Court of Appeals held that asking the defendant to shift his position was a minimal and justified intrusion under the Fourth Amendment because the officers had a reasonable basis to believe he might be armed and dangerous. This case illustrates the balance between individual privacy rights and officer safety during warrant executions.
Facts
Probation officers went to an apartment to execute two felony arrest warrants against a probation violator. Upon entering the apartment, they found three men, including the probationer and the defendant. After arresting the probationer, officers found loaded handguns near the other man on the floor. The defendant was sitting on a couch, fidgeting, mumbling, and sitting on his hands. Officer Groves asked the defendant to shift his position and show his hands. The defendant initially hesitated but eventually complied, revealing a loaded 9mm handgun under his thigh.
Procedural History
The defendant moved to suppress the handgun as the fruit of an unconstitutional seizure. The Supreme Court denied the motion. The defendant was convicted of criminal possession of a weapon. The Appellate Division affirmed the conviction, holding the search was a reasonable and lawful security sweep. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether, during the execution of arrest warrants in an apartment, it was reasonable under the Fourth Amendment for officers to ask the defendant to shift his position and show his hands, given that the officers had already discovered two loaded handguns near the defendant’s companions?
Holding
Yes, because under the totality of the circumstances, the officers had a reasonable belief that the defendant could be armed and dangerous, justifying the minimal intrusion of asking him to shift his position and show his hands.
Court’s Reasoning
The Court of Appeals focused on the reasonableness of the officer’s conduct under the Fourth Amendment. The court distinguished this case from a protective sweep, stating that Maryland v. Buie did not apply because the circumstances did not involve searching for hidden individuals who posed a threat. Instead, the Court emphasized balancing the government’s interest in officer safety against the individual’s right to privacy and personal security. The court applied a dual inquiry: whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances. The court found that asking the defendant to show his hands was justified at its inception because the officers had discovered two loaded handguns near defendant’s companions, and the defendant was fidgeting and mumbling while sitting on his hands. The intrusion was minimal – merely asking the defendant to shift his position. The court deferred to the suppression court’s finding of reasonableness, stating “the determination of the suppression court with its peculiar advantages of having seen and heard” the testimony is entitled to great deference (Prochilo, 41 NY2d at 761). The Court concluded that the limited police action was reasonable, and the motion to suppress was properly denied.