Reasonable Precautionary Measure by Police in Restraining a Suspect in New York
In People v. Rodriguez, 177 AD2d 521, 575 N.Y.S.2d 911 (2d Dept 1999), the officers observed the defendant and others standing behind a car and a person, other than the defendant, with a license plate and a screwdriver.
When the police approached they saw "the defendant furtively turn his back and suddenly reach towards his waistband" (id. 522).
The court found that the officer was "justified in taking the reasonable precautionary measure of restraining the defendant's arms in order to ensure his safety . . . and upon feeling the hard object in the defendant's waistband, the officer acted properly in conducting a frisk of the defendant's person and securing the loaded handgun which that search produced" (id.).