WILLIAMS, JR., ROBERT L., PEOPLE v
KA 13-00543
| N.Y. App. Div. | Mar 20, 2015Background
- Defendant pleaded guilty to criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) after a handgun was found under the front passenger seat of a white vehicle in which he was a passenger.
- Earlier, an anonymous 911 caller reported that near a specific location some men in a white car looked "about to fight" and that "one of the guys pulled out a gun." The caller said he needed to hang up quickly and leave.
- Two patrol officers had observed a white vehicle illegally parked near that location and two men standing beside it; the men drove away after officers asked them to move the car.
- After receipt of the 911 dispatch, officers located the same white vehicle a few blocks away, followed it briefly, stopped it, removed the driver and defendant, and searched the vehicle, recovering a handgun.
- Defendant moved to suppress the handgun, arguing the stop was improper; Supreme Court denied suppression, and defendant appealed the denial following his guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers had reasonable suspicion to stop the vehicle | 911 report of an observed armed individual, corroborated by officers' observations, supplied reasonable suspicion | Stop was improper because anonymous tip alone (and partial corroboration) did not justify the stop | Court held police had reasonable suspicion based on the contemporaneous 911 report and partial police corroboration |
Key Cases Cited
- Navarette v. California, 134 S. Ct. 1683 (2014) (an anonymous 911 report can supply reasonable suspicion when it bears indicia of reliability, including contemporaneous observation and corroboration)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking indicia of reliability does not justify a stop/search)
- People v. Moss, 89 A.D.3d 1526 (4th Dep't 2011) (anonymous tip plus corroboration can support investigative stop)
- People v. Jeffery, 2 A.D.3d 1271 (4th Dep't 2003) (911 caller's contemporaneous observations and excited utterance factors support reliability)
- People v. William II, 98 N.Y.2d 93 (2002) (limitations on anonymous tips establishing reasonable suspicion)