People v. McRay, 51 N.Y.2d 594 (1980)
Observations of glassine envelopes, even in a high crime area, are not sufficient, without more, to establish probable cause for a search and arrest, if the observed actions are susceptible of innocent interpretation.
Summary
McRay was arrested after a police officer observed him holding a small purse, opening it, and then handing it to a woman. The officer testified he saw what appeared to be glassine envelopes inside, but admitted he could not distinguish them from candy wrappers. The court held that the officer lacked probable cause for the arrest and search, as the defendant’s actions were susceptible to innocent interpretation. The observation of glassine envelopes, without additional suspicious behavior, was insufficient to justify a warrantless search and arrest.
Facts
A Housing Department patrolman, Hackett, in a high-crime area, observed McRay holding a small, zippered purse. McRay opened the purse halfway and withdrew matches. Hackett, approaching closer, thought he saw glassine envelopes in the purse. He conceded he couldn’t distinguish them from candy wrappers. McRay then handed the purse to a woman who accepted it without comment. Both were arrested, and a search of the purse revealed heroin-filled glassine envelopes.
Procedural History
The Supreme Court granted McRay’s motion to suppress the evidence, finding a lack of probable cause. The Appellate Division reversed. The New York Court of Appeals then reversed the Appellate Division, reinstating the Supreme Court’s suppression order.
Issue(s)
Whether the police officer had probable cause to arrest and search McRay based on the observation of what appeared to be glassine envelopes in a purse, coupled with the act of handing the purse to another person, in a high-crime area.
Holding
No, because the defendant’s actions were susceptible to an innocent interpretation, and the officer’s observation of the glassine envelopes, without more, did not elevate suspicion to probable cause.
Court’s Reasoning
The Court of Appeals reasoned that the observed acts were “susceptible of various innocent interpretations.” The court emphasized that more is required to establish probable cause than merely observing actions that could be innocent, even in a high-crime area or involving someone with a narcotics background. The court distinguished this case from situations where behavior is unequivocally suspicious. Here, McRay’s actions—holding a purse, taking out matches, and handing the purse to a woman—could easily be explained innocently. The officer’s testimony that he could not distinguish the glassine envelopes from a candy wrapper further weakened the basis for probable cause. The court stated, “Defendant’s actions are susceptible of innocent explanation, since he may have been handed the purse to find a match or take a piece of chocolate therefrom and then return the purse to the owner.” The court reinforced that an equivocal observation coupled with innocent actions does not create probable cause. The Court cited People v. Russell, 34 N.Y.2d 261, 264 (1974), emphasizing the need for “supplementation by any additional behavior raising the level of inference from suspicion to probable cause.”