People v. LaPene

In People v. LaPene, 40 N.Y.2d the officers while on motor patrol at 1:45 A.M. in Queens received a radio message, which was based on an anonymous phone call, that "there was a male Negro with a gun, wearing a red shirt, in a place called Jean's Bar". Upon arrival at the bar, nothing unusual was observed outside and upon entry the officers "did nothing to verify or substantiate the information received". The officers immediately went directly to the rear of the bar where they observed LaPene, who was then engaged in a normal, non suspicious conversation with other patrons, wearing a loose fitting red shirt which draped to a point below his waist. No bulge could be seen and there was no indication that he was armed. Moreover, no attempt was even made to see if any other black patron was also wearing a red shirt. "Never the less, without asking a single question one of the officers ordered the defendant to 'freeze' and raise his hands". A weapon was discovered and LaPene was arrested for possession; and he also pleaded guilty when his motion to suppress was denied. In LaPene, the Court concluded that the actions taken by the officers were not justified at very inception; and thus ordered that LaPene's conviction be reversed and the indictment dismissed.