People v. Benjamin, 51 N.Y.2d 25 (1980)

A police officer’s right to frisk a suspect depends on whether a reasonably prudent person in the same circumstances would be warranted in the belief that his safety or that of others was in danger.

Summary

This case concerns the legality of a stop and frisk. Police received a radio call about men with guns at a specific location. Upon arriving, they observed the defendant making a suspicious movement, reaching towards his waistband. The officer, fearing the defendant had a gun, conducted a pat-down search, revealing a loaded weapon. The New York Court of Appeals held that the totality of circumstances, including the radio call and the defendant’s behavior, provided reasonable suspicion for the frisk, reversing the Appellate Division’s suppression order. The court emphasized that officers need not ignore potential threats to their safety and can act based on reasonable inferences from observed behavior.

Facts

Officer Loran, while on patrol, received a radio report about men with guns at a certain location. Arriving at the scene, he saw a group of approximately 30 people. The defendant, standing on the sidewalk, stepped backward toward the curb and reached under his jacket towards his waistband with both hands. Officer Loran, fearing the defendant might have a gun, ordered him to keep his hands in view and conducted a pat-down, which revealed a loaded handgun.

Procedural History

The defendant moved to suppress the weapon, arguing the frisk violated his Fourth Amendment rights. The trial court denied the motion. The defendant then pleaded guilty to criminal possession of a weapon. The Appellate Division reversed, finding the evidence should have been suppressed. The People appealed to the New York Court of Appeals.

Issue(s)

Whether the police officer had reasonable suspicion to conduct a pat-down search of the defendant, based on a radio report of men with guns at a specific location coupled with the defendant’s suspicious movements upon the officer’s arrival.

Holding

Yes, because considering the totality of the circumstances—the radio call reporting men with guns and the defendant’s act of stepping back while reaching towards his waistband—there was reasonable suspicion to justify the limited intrusion of a pat-down search.

Court’s Reasoning

The court reasoned that while an anonymous tip alone is insufficient for a stop and frisk, it can be considered along with other factors. The court emphasized that a police officer is not required to ignore potentially dangerous behavior simply because the initial radio call was insufficient to justify a search. The court stated, “A police officer directed to a location by a general radio call cannot reasonably be instructed to close his eyes to reality— neither the officer nor justice should be that blind.”

The court found the defendant’s action of stepping back while reaching towards his waistband to be a significant factor. The court recognized the common knowledge that handguns are often carried in the waistband. It reasoned that a law-abiding person typically does not make such movements. Requiring the officer to assume the defendant’s conduct was innocent would be unrealistic and would put the officer at unnecessary risk. As the court stated, “It would, indeed, be absurd to suggest that a police officer has to await the glint of steel before he can act to preserve his safety.”

The court distinguished the case from situations where an anonymous tip is the only basis for police action. Here, the officer’s observations at the scene provided additional justification for the frisk. The court cited Terry v. Ohio, emphasizing the officer’s need to protect himself and others when he has reason to believe he is dealing with an armed and dangerous individual.

The court concluded that, considering all the circumstances, there was an “ample measure of reasonable suspicion” to justify the pat-down, reversing the Appellate Division’s order.