People v. Spencer

193 A.D.2d 90, 602 N.Y.S.2d 412, 1993 N.Y. App. Div. LEXIS 8944
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 4, 1993
StatusPublished
Cited by6 cases

This text of 193 A.D.2d 90 (People v. Spencer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Spencer, 193 A.D.2d 90, 602 N.Y.S.2d 412, 1993 N.Y. App. Div. LEXIS 8944 (N.Y. Ct. App. 1993).

Opinion

OPINION OF THE COURT

Sullivan, J. P.

At issue here is when may the police stop a vehicle in order to request information.

On May 17, 1989, Kalima Alamin telephoned police regarding an alleged assault which she had previously suffered at the hands of her boyfriend, Dion Bloomfield, who had purportedly struck her in the mouth with a gun. At approximately 11:20 p.m. that night, two police officers in a patrol car picked up Alamin and drove her through a neighborhood frequented by Bloomfield in an attempt to find him. During their patrol, Alamin recognized and pointed out a vehicle belonging to the defendant. She informed the officers that the defendant was a friend of Bloomfield and might know where he was. Accordingly, as found by the hearing court, the officers activated the turret lights of their patrol car and engaged their horn to pull the defendant’s vehicle over. To ensure their safety, the officers approached the defendant’s automobile from either side with their flashlights lit. Their guns were bolstered, and they intended only to inquire of the defendant as to his knowledge regarding the whereabouts of Bloomfield. However, upon reaching the car, and with the flashlights illuminating the interior of the vehicle, one of the officers immediately observed a large clear plastic bag on the floor of the front passenger seat. The bag contained brown and green vegetable matter which the officer believed to be marihuana. He thereupon ordered the defendant and his female passenger out of the car. As the defendant alighted from the vehicle, the officer noticed the butt of a handgun protruding from under the driver’s seat. The officer removed the weapon and the marihuana from the vehicle, and the defendant was placed under [92]*92arrest after indicating that his female passenger had no connection to the items retrieved from the car.

It is the defendant’s contention that the police action in ordering him to stop his vehicle constituted a seizure that was impermissible when measured by constitutional standards, and that this tainted the subsequent discovery and seizure of the marihuana and the handgun. The defendant relies on a narrow reading of certain portions of People v Ingle (36 NY2d 413), People v Sobotker (43 NY2d 559), and People v Corcoran (89 AD2d 696) to establish a bright line rule that would forbid the police from stopping an automobile driven by an identified and acknowledged friend of a suspect for the purpose of asking the driver if he knows the whereabouts of the suspect. We believe that this reliance is misplaced and that under the circumstances of this case, the police action in stopping the defendant’s automobile was not a violation of his constitutional or common-law rights. We therefore affirm the conviction.

In one of the seminal cases in this area (People v Cantor, 36 NY2d 106, 112), it was said: "Street encounters between the patrolman and the average citizen bring into play the most subtle aspects of our constitutional guarantees. While the police should be accorded great latitude in dealing with those situations with which they are confronted it should not be at the expense of our most cherished and fundamental rights. To tolerate an abuse of the power to seize or arrest would be to abandon the law-abiding citizen to the police officer’s whim or caprice—and this we must not do”.

This concept was further refined and clarified in People v De Bour (40 NY2d 210). In De Bour, the defendant contended that, by stopping him as he was walking on the street at 12:15 a.m. and asking him what he was doing there and for identification, the police officers seized him within the meaning of the Fourth Amendment. Such a reading of Cantor was rejected. The Court of Appeals distinguished the conduct of the police in Cantor (three plainclothes officers surrounded the defendant with revolvers drawn and blocked his vehicle with their own) and People v Ingle (supra, at 418 [officers " 'accosted’ and " 'restrained’ ” a motorist for a " 'routine traffic check’ ” without any articulable reason]) from that in De Bour (the defendant was approached and questioned by two uniformed officers whose conduct bespoke no violent or forcible apprehension). The Court found that "[c]learly then, De Bour was not [93]*93seized in the sense that Cantor and Ingle were” (People v De Bour, supra, at 217).

Even though the officers in De Bour had no articulable reasons that would justify his arrest or seizure, that did not prevent the officers from initiating an encounter with him, as long as the officers’ conduct was not arbitrary or the product of a whim, and was reasonable: "The crucial factor is whether or not the police behavior can be characterized as reasonable which, in terms of accepted standards, requires a balancing of the interests involved in the police inquiry” (People v De Bour, supra, at 217).

Following a discussion of the companion case of People v La Pene (40 NY2d 210), the Court stated: "In evaluating the police action we must consider whether or not it was justified in its inception and whether or not it was reasonably related in scope to the circumstances which rendered its initiation permissible (People v Cantor, 36 NY2d 106, 111)” (People v De Bour, supra, at 222-223 [emphasis added]).

The Court of Appeals then set forth its now familiar four-tiered analysis of justifiable police conduct in street encounters. The minimal intrusion of approaching to request information is permissible when there is some objective credible reason for that interference not necessarily indicative of criminality. This is designed to prohibit police conduct that is purely arbitrary, based on a whim or hunch and not "reasonable”, i.e., founded on reason.

The nature of the information that the police may seek under this first tier may be identification, destination, or reason for being in the area, that is sought in a brief, nonthreatening encounter (People v Hollman, 79 NY2d 181, 190-191). If and when the police questioning becomes extended, accusatory, and focuses upon the possible criminality of the person questioned, it has risen to the level of common-law inquiry that must be supported by founded suspicion that criminality is afoot (People v De Bour, supra, at 223; People v Hollman, supra, at 191-192).

There is no question but that the police officers in the case before us were operating on the first tier of activity as set forth in De Bour and Hollman, i.e., an approach to the defendant with a request for information based on an objective credible reason for that information. The officers were looking for Dion Bloomfield to arrest him for the felonious assault on Kalima Alamin. Ms. Alamin pointed out the defen[94]*94dant and told them he might know where Bloomfield was. This right to request information to enable police officers to perform their law enforcement duties will "hinge on the manner and intensity of the interference, the gravity of the crime involved and the circumstances attending the encounter” (People v De Bour, supra, at 219). In this case the information sought, the whereabouts of Bloomfield, would not adversely impact Spencer. It was not intended to harass Spencer, nor was it based on a whim or arbitrary decision of the officers. Ms. Alamin, the victim and former girlfriend of Bloomfield, told the officers that Spencer was a friend of Bloomfield and might know where he was.

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Related

Matter of Londell S.
2005 NY Slip Op 50663(U) (Kings Family Court, 2005)
In re David D.
190 Misc. 2d 327 (NYC Family Court, 2001)
People v. Spencer
646 N.E.2d 785 (New York Court of Appeals, 1995)
People v. Guzman
203 A.D.2d 381 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
193 A.D.2d 90, 602 N.Y.S.2d 412, 1993 N.Y. App. Div. LEXIS 8944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spencer-nyappdiv-1993.