2010 NY Slip Op 08951
An investigatory detention, even if supported by reasonable suspicion, exceeds permissible bounds when the detention’s purpose is solely to facilitate a potential arrest if further investigation yields probable cause, rather than serving a special law enforcement need that requires the suspect’s immediate presence.
Summary
Williams was a suspect in an early morning carjacking. Based on descriptions, police asked him to sit in a patrol car; he was then locked inside and told he’d be informed of the reason later. He was moved to another locked car, photographed to create a photo array, and told a witness was viewing the array. Approximately 13 minutes elapsed before a witness identified him and he was arrested. The Court of Appeals held that even assuming reasonable suspicion existed, the detention exceeded the scope permitted by People v. Hicks because Williams’ presence was not required for administering the photo array and the detention was primarily for facilitating a potential arrest, rendering the photographs inadmissible.
Facts
An early morning carjacking occurred. Five hours later, based on descriptions from the victim and another witness, police approached Williams, whom they had encountered previously. Police asked Williams to sit in a marked patrol car, which he did willingly. Police then locked him in the car, stating that a second officer involved in the carjacking investigation would explain the detention. When the second officer arrived, Williams was moved to another locked police vehicle, photographed with his hands behind his back, and informed that he was a suspect in the carjacking. He was told a witness was viewing a photo array prepared an hour after the carjacking. The victim had previously viewed the array, failing to identify Williams and instead identifying another individual. The prospect of Williams’ release was never mentioned during his 13-minute detention.
Procedural History
Following a positive photo array identification, Williams was arrested and transported to the Public Safety Building. He waived his Miranda rights, confessed to the carjacking, provided details of the car’s location, and signed a written confession. The lower courts did not address the People’s argument that the confession was attenuated from the illegal detention. The Court of Appeals modified the Appellate Division order, remitting the case to the Supreme Court to determine attenuation.
Issue(s)
Whether an investigatory detention, assuming reasonable suspicion, exceeded the permissible scope outlined in People v. Hicks when the detention was primarily to facilitate a potential arrest pending further investigation.
Holding
Yes, because the detention’s primary purpose was to facilitate a potential arrest, and Williams’ presence was not required for the photo array administration, thus exceeding the scope permitted by Hicks.
Court’s Reasoning
The Court acknowledged that Hicks permits limited intrusions extending beyond traditional stop and frisks when justified by special law enforcement interests. However, the Court distinguished the present case from Hicks, where a prompt showup procedure required the simultaneous presence of the defendant and witnesses. Here, the administration of the photo array did not require Williams’ presence. The Court inferred that the detention was simply to make it convenient for the police to arrest Williams if a positive identification occurred, stating, “What the police did here, as a practical matter, was to place defendant under arrest in order to obtain sufficient evidence to arrest him.” Therefore, the photographs obtained during the detention were deemed inadmissible. The court remanded the case to determine whether the confession was sufficiently attenuated from the illegal detention to be admissible, directing the lower court to consider “the relevant attenuation factors.” The court noted that the People did not meet their burden of proving the voluntariness of Williams’ purported consent to be photographed while handcuffed.