State v. Benton
304 Conn. 838
| Conn. | 2012Background
- In April 2010 at ~5:30 p.m., two uniformed New Haven police officers on foot patrol observed Benton and two others on bicycles in the Newhallville neighborhood.
- The officers were familiar with area, and Benton’s red/black clothing, Reds cap, and beaded necklace were associated with Bloods; shootings targeting R2 gang in the area were recent.
- The officers observed Benton make a gesture consistent with adjusting an unholstered handgun in his waistband.
- The officers stepped into the road, about 20–25 feet ahead of the cyclists; Benton’s companions turned, while Benton attempted to accelerate and fled after being told to stop.
- A struggle ensued during which the handgun was recovered from Benton; Benton was arrested and later convicted on firearms charges.
- The trial court denied Benton’s motion to suppress, concluding there was a stop supported by reasonable suspicion, and the gun search was during a valid arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stepping into the road constituted a seizure | Benton | Benton | Step into road did not constitute a seizure; seizure occurred when commanded to stop |
| Whether there was reasonable and articulable suspicion to seize Benton | State | Benton | Totality of circumstances supported reasonable suspicion to stop Benton |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight from police can establish reasonable suspicion)
- Michigan v. Chesternut, 486 U.S. 567 (1988) (seizure requires a showing of restraint on the freedom to leave)
- State v. Courchesne, 296 Conn. 622 (2010) (framework for evaluating stops and reasonable suspicion under Connecticut law)
- State v. Oquendo, 223 Conn. 635 (1992) (stops require objective, particularized information, not mere hunch)
- California v. Hodari D., 499 U.S. 621 (1991) (commands to stop may be seizures under state constitution; not under federal in Hodari but cited)
- Wong Sun v. United States, 371 U.S. 471 (1963) (police misrepresentation can render flight not probative of guilt; unsolicited provocation concerns)