47 N.Y.2d 982 (1979)

A police officer may stop a vehicle if the officer has a reasonable suspicion, based on specific and articulable facts, that the occupants have been, are, or are about to be engaged in criminal conduct.

Summary

The New York Court of Appeals reversed the Appellate Division’s suppression order, holding that police had reasonable suspicion to stop a van. The officers observed the van near the scene of a recent burglary at 4:30 AM in an area known for burglaries. An individual hurriedly entered the van. The driver appeared nervous and gave an inconsistent statement about his destination. These circumstances, combined with the nearby burglary, provided reasonable suspicion for the stop and subsequent search of the van, which revealed burglar’s tools and stolen property. The case was remitted to the Appellate Division for a review of the facts.

Facts

At 4:30 AM, police officers discovered a broken storefront at a department store in Brooklyn and observed property scattered outside. The area was deserted but known for store burglaries. After securing the scene, the officers saw an unmarked, closed van, the only vehicle on the street, turning onto Fulton Street about 200 feet from the burglarized store. An unidentified man quickly entered the van as a passenger. The van then proceeded along a route that brought it near the location where the police had initially seen it.

Procedural History

The defendant was charged with burglary-related offenses. The trial court denied the defendant’s motion to suppress the evidence found in the van. The Appellate Division reversed, granting the motion to suppress. The People appealed to the New York Court of Appeals.

Issue(s)

Whether the police officers had reasonable suspicion to stop the van based on the totality of the circumstances?

Holding

Yes, because the officers had reasonable suspicion based on specific and articulable facts that the occupants of the van were engaged in criminal activity.

Court’s Reasoning

The Court of Appeals determined that the police had sufficient justification to stop the van. The court relied on the following factors: the early morning hour, the proximity to a recent burglary, the area’s history of burglaries, the unmarked nature of the van, the hurried entry of the passenger, and the driver’s nervous demeanor and inconsistent statement about his destination. The court stated that “the actions of the van’s driver and the fleeing passenger together with the knowledge that a burglary had only recently been committed in the area gave the police reason to suspect that the van’s occupants had been engaged in conduct in violation of the law.” The passenger’s flight further strengthened the predicate for a more thorough search of the van, leading to the discovery of incriminating evidence. The court distinguished this case from situations involving random stops without any reasonable suspicion. Judge Jones dissented, arguing that there was no probable cause to justify the stop, emphasizing that merely observing a man entering a van suddenly is not inherently suspicious.