People v. Torres

In People v. Torres, 74 NY2d 224 (1989), two detectives, relying upon an anonymous telephone tip concerning the location of a homicide suspect who was allegedly carrying a gun in a shoulder bag, approached a black Eldorado, identified themselves and ordered that the occupants exit the car. While the suspect was being frisked, the detective who had just patted down the companion, reached into the automobile and removed the shoulder bag from the seat. Sensing the heaviness of the bag and feeling the outline of a gun, the detective opened the bag and discovered a firearm. Id. at 226. The Court suppressed the gun, reasoning that after the occupants had exited the vehicle and been frisked without incident, the immediate threat to the detectives' safety had been allayed and could no longer justify a more intrusive search involving the removal of personal property from the car. Torres, 74 NY2d at 227. It held that although the detectives may have possessed a reasonable basis for suspecting the gun's presence, the facts known to the police - - the anonymous telephone tip and their on-the-scene observations - - did not support the conclusion that there was "actual and specific danger to the officers' safety". Id. at 231, n.4. The Court added that once the occupants had been frisked without incident, the armed detectives should have employed a far less intrusive means to alleviate any residual fear, such as questioning the suspects or asking them to step away from the automobile. Id. at 230.