43 N.Y.2d 806 (1977)
Probable cause for a search and seizure can be established when a police officer observes incriminating evidence in plain view after a suspect’s voluntary actions, even if the suspect was initially unaware of the officer’s presence.
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the evidence obtained during a search incident to arrest was admissible. The court reasoned that the police officer’s observation of the shotgun barrel under the defendant’s coat, followed by the defendant’s attempt to discard the weapon, provided sufficient probable cause for the arrest and subsequent search. The defendant’s initial lack of awareness of the officers’ presence negated any claim of an unreasonable intrusion on his privacy before the incriminating evidence was observed.
Facts
Four plainclothes police officers exited a taxi. The defendant, Simmons, was present nearby. The suppression court found that Simmons did not know the men were police officers. Simmons ran into a building and up the stairs. An officer followed him. The officer observed the barrel of a shotgun beneath Simmons’ coat as Simmons attempted to remove the coat. Simmons then reached the roof landing and threw the shotgun through a window onto the roof.
Procedural History
The trial court denied the defendant’s motion to suppress the evidence (the shotgun). The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the police officer’s observation of the shotgun, and subsequent search and seizure, violated the defendant’s rights against unreasonable search and seizure under the Fourth Amendment.
Holding
No, because the officer’s observation of the shotgun barrel and the defendant’s subsequent actions provided unquestionable probable cause for the defendant’s arrest and the search of his person incident thereto.
Court’s Reasoning
The Court of Appeals focused on the sequence of events and the defendant’s state of mind. The court emphasized that the defendant was unaware he was being followed by police when he ran into the building. This lack of awareness was crucial because it negated any argument that the police had intruded on the defendant’s privacy rights before the officer observed the shotgun. The critical moment occurred when the officer saw the barrel of the shotgun beneath the defendant’s coat. This observation, combined with the defendant’s attempt to discard the weapon by throwing it onto the roof, provided the probable cause necessary for a lawful arrest and search. As the court stated, “It cannot be said, therefore, that there was any intrusion whatsoever of defendant’s privacy within the reach of the constitutional provisions against unreasonable search and seizure until after the officer following him had seen the barrel of the shotgun beneath defendant’s coat as defendant sought to remove the coat.” The court implicitly relied on the plain view doctrine, which allows officers to seize evidence without a warrant if they are lawfully in a position to view it and the incriminating nature of the evidence is immediately apparent. The court’s decision turned on the specific facts, emphasizing that the defendant’s actions, without any prior coercion or intrusion by the police, created the probable cause necessary for the search and seizure. There were no dissenting or concurring opinions published with this decision.