People v. Leung, 68 N.Y.2d 734 (1986)

When police observe a suspect passing what appears to be drug packaging in an area known for drug activity, and the suspect immediately flees upon being approached by police, reasonable suspicion exists to justify police pursuit.

Summary

This case addresses the level of suspicion required for police to pursue a fleeing suspect. Plainclothes officers in an unmarked car observed Leung in a high-narcotics area passing a three-by-five-inch brown envelope resembling drug packaging. When the officers identified themselves, Leung fled. He discarded a hat and a gun during the pursuit. The Court of Appeals held that the officers’ observations, coupled with Leung’s flight, created reasonable suspicion justifying the pursuit and subsequent arrest. The recovery of the discarded gun was deemed lawful.

Facts

Police officers patrolling a high-crime, high-narcotics area in Queens observed Leung handing another man a brown envelope approximately three-by-five inches in size. The officers believed the envelope resembled the packaging used for drug transactions (“three dollar bags”). The officers exited their vehicle and identified themselves as police. Leung immediately fled on foot. During the pursuit, Leung discarded a hat and threw a black object under some bushes. The officers apprehended Leung approximately five houses from where the pursuit began. They recovered a loaded, operable nine-millimeter pistol from under the bushes where Leung had thrown it.

Procedural History

The case reached the New York Court of Appeals after Leung was convicted on weapons charges. Leung appealed, arguing that the initial police action was an investigatory stop unsupported by reasonable suspicion, and that his flight did not create reasonable suspicion.

Issue(s)

Whether the police officers had reasonable suspicion to pursue the defendant, based on his observed actions and subsequent flight, such that the recovery of the discarded weapon was lawful.

Holding

Yes, because the passing of what appeared to be a drug package in a narcotics-prone area, coupled with the defendant’s immediate flight upon the officers’ approach, established reasonable suspicion that the defendant had committed or was about to commit a crime, thus justifying the pursuit and the subsequent recovery of the discarded weapon.

Court’s Reasoning

The Court of Appeals relied on People v. De Bour, which established a framework for evaluating the legality of police encounters with citizens. The court stated that the level of police intrusion must be weighed against the circumstances known to the police as the encounter unfolds. The Court determined that the officers’ initial approach was justified because observing Leung pass what appeared to be a “three dollar bag” in a high-narcotics area provided at least an “objective credible reason” for the police to approach him. The Court emphasized that Leung’s immediate flight, when coupled with the initial observation, elevated the officers’ suspicion to the level of “reasonable suspicion.” The court cited People v. Howard, stating that flight can be a significant factor in establishing reasonable suspicion. The Court distinguished the case from situations involving discarded containers where an intent to abandon the property must be proven, explaining that Leung’s attempt to discard the gun was not a direct result of unlawful police action, as the pursuit was justified. Therefore, the gun was lawfully discovered during a legitimate detention, providing probable cause for arrest on the weapons charge. The court found that the trial judge’s instruction on “possession” was an accurate statement of the law, and that claims of prosecutorial misconduct were without merit.