People v. McRay, 51 N.Y.2d 594 (1980)
The reputation of an area as a high-crime location is a factor, but not a determinative one, in assessing whether police had probable cause to believe a crime was being committed.
Summary
This case consolidates three separate appeals concerning the legality of searches conducted in areas known for high drug activity. The New York Court of Appeals considered the extent to which an area’s reputation for crime can contribute to a finding of probable cause for a search. The Court held that while a neighborhood’s reputation is a relevant factor, it cannot be the sole basis for establishing probable cause. The court emphasized that the totality of the circumstances must be considered, and specific, articulable facts must support the belief that a particular individual is involved in criminal activity. The court reversed in two cases finding lack of probable cause and affirmed in one where probable cause existed.
Facts
The *McRay* case involved an officer observing the defendant exchanging glassine envelopes (commonly used for drugs) for money in a known narcotics location. In *Charles J.*, officers saw the defendant remove a plastic bag from his sock, which contained a white powder, in a drug-prone area. In *Hester*, an officer in a high-crime area saw the defendant hand over what appeared to be money in exchange for an unidentified object.
Procedural History
In *McRay* and *Hester*, the Appellate Division had upheld the lower courts’ suppression of evidence, finding a lack of probable cause. In *Charles J.*, the Appellate Division upheld the lower court’s denial of the motion to suppress. The People appealed the *McRay* and *Hester* decisions, while the defendant appealed the *Charles J.* decision. The New York Court of Appeals consolidated the appeals.
Issue(s)
1. Whether the observation of an exchange of objects or currency in an area known for high drug activity, without more, constitutes probable cause for a search and seizure.
Holding
1. No, because while a high-crime area is a factor to be considered, it is not sufficient, on its own, to establish probable cause; the totality of circumstances must be evaluated to determine if there was a reasonable belief that a crime was being committed.
Court’s Reasoning
The Court reasoned that probable cause requires a reasonable belief, based on specific and articulable facts, that a crime is being committed. While a high-crime area can heighten an officer’s awareness, it cannot substitute for concrete evidence linking a particular individual to criminal activity. The court emphasized the need to balance effective law enforcement with the protection of individual rights under the Fourth Amendment.
The court distinguished the three cases based on the totality of the circumstances. In *McRay*, the exchange of glassine envelopes, coupled with the known narcotics location, provided probable cause. As the court noted, the exchange of glassine envelopes is a “telltale sign of illicit drug activity.” In *Charles J.*, the defendant’s act of removing a bag containing white powder from his sock in a drug-prone area also established probable cause. However, in *Hester*, the exchange of money for an unidentified object, without any other suspicious circumstances, was insufficient to establish probable cause, even in a high-crime area.
Judge Fuchsberg, in a concurring opinion, cautioned against giving too much weight to the reputation of a neighborhood, arguing that it could disproportionately subject residents of socially and economically deprived areas to unwarranted police intrusion. As he stated, “Arrests are made of individuals, not of neighborhoods…we subject all its residents…to an immeasurably greater risk of invasion than those who live elsewhere.” He argued that focusing too much on the location could lead to a “self-fulfilling prophesy.”