People v. Benjamin
51 N.Y.2d 267 (1980)
Rule of Law:
An anonymous tip, when combined with an officer's independent observations of a suspect's suspicious and potentially dangerous conduct at the scene, can provide the reasonable suspicion necessary to justify a protective pat-down search.
Facts:
- Police Officer William Loran received a radio report about men with guns at a specific street location.
- Loran and his partner, in plainclothes, arrived and saw a group of approximately 30 people on the sidewalk.
- As the officers approached, the defendant, who was standing in the group, stepped backwards toward the curb.
- Simultaneously, the defendant reached beneath his jacket with both hands to the rear of his waistband.
- Fearing the defendant was reaching for a gun, Officer Loran ordered him to keep his hands in view.
- Officer Loran immediately conducted a limited pat-down search and discovered a loaded handgun.
Procedural Posture:
- The defendant was charged with criminal possession of a weapon in the third degree.
- In the trial court, the defendant moved to suppress the gun, arguing the search was unconstitutional.
- The trial court denied the motion to suppress.
- Following the denial, the defendant pleaded guilty to the charge.
- The defendant appealed the suppression ruling to the Appellate Division, an intermediate appellate court.
- The Appellate Division reversed the trial court's decision, ruling that the evidence should have been suppressed.
- The People (the prosecution) appealed the Appellate Division's reversal to the Court of Appeals, the state's highest court.
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Issue:
Does a police officer have reasonable suspicion to conduct a pat-down search when responding to an anonymous tip of 'men with guns' and personally observing an individual step backward while reaching with both hands toward their rear waistband?
Opinions:
Majority - Wachtler, J.
Yes. While an anonymous tip of 'men with guns,' standing alone, is insufficient to justify a stop and frisk, it does not prevent an officer from observing circumstances at the scene and taking precautions for their own safety. The court reasoned that the defendant's actions—stepping back while reaching for the rear of his waistband where a handgun is commonly carried—provided the additional support necessary to create reasonable suspicion. It would be unrealistic to require an officer, who was informed that gunmen might be present, to assume the risk that such conduct was innocent. Considering the totality of the circumstances, including both the radio call and the defendant's observed actions, the officer had an ample measure of reasonable suspicion to justify the limited intrusion for his own protection, consistent with Terry v. Ohio.
Analysis:
This decision clarifies the 'anonymous tip plus' doctrine, establishing that the corroborating 'plus' factor needed to form reasonable suspicion can be the defendant's own conduct observed by police at the scene. The ruling emphasizes that furtive or suspicious movements suggesting a threat to officer safety can elevate an otherwise unreliable tip to a level justifying a protective frisk. This case provides a critical framework for balancing individual privacy rights against officer safety in street encounters initiated by unverified information, solidifying that an officer's direct observations are paramount.
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