66 N.Y.2d 690 (1985)

The “plain view” exception to the Fourth Amendment warrant requirement does not apply if the incriminating nature of an object is not immediately apparent and is discovered only after further examination.

Summary

The New York Court of Appeals reversed the Appellate Division’s order, granted a motion to suppress evidence, and dismissed the indictment against the defendant. The court held that while the police officer was justified in frisking the defendant based on a reasonable fear for safety, the subsequent seizure and examination of papers found during the frisk exceeded the permissible scope of the search. The incriminating nature of the papers was not immediately apparent, making the “plain view” exception inapplicable. Furthermore, the “inevitable discovery” exception did not apply because the papers would not have inevitably been discovered during an inventory search of the car.

Facts

A police officer frisked the defendant based on a reasonable fear that the defendant might be armed. During the frisk, the officer found papers in the defendant’s jacket pocket. These papers were folded over, secured with a rubber band, and were not immediately identifiable as gambling records. After removing the papers, the officer unwrapped and examined them, discovering they were gambling records.

Procedural History

The defendant was indicted, and he moved to suppress the gambling records as evidence. The suppression hearing supported the finding that the frisk was justified. However, the trial court denied the motion to suppress. The Appellate Division affirmed this decision. The case then went to the New York Court of Appeals.

Issue(s)

1. Whether the seizure and examination of the papers found during the frisk were justified under the “plain view” exception to the Fourth Amendment warrant requirement.
2. Whether the “inevitable discovery” exception to the Fourth Amendment warrant requirement applies to the seizure of the papers.

Holding

1. No, because the incriminating nature of the papers was not immediately apparent, and the discovery was not inadvertent.
2. No, because the papers would not have been in the car during the inventory search.

Court’s Reasoning

The court reasoned that the “plain view” exception did not apply because the discovery of the gambling records was not inadvertent, but rather the result of the officer opening the bundled papers. The court stated that the papers were “discovered” as a result of the officer’s opening the bundled papers, properly taken from defendant during a frisk, although it was not immediately apparent that the papers seized were evidence of criminality. Citing Coolidge v. New Hampshire, 403 U.S. 443, 446-447, the court emphasized that the incriminating nature of the evidence must be immediately apparent. The record lacked evidence that the officer knew the papers were gambling records or that they were readily identifiable as such by their outward appearance, citing Walter v. United States, 447 U.S. 649, 653 and Stanley v. Georgia, 394 U.S. 557, 559.

Regarding the “inevitable discovery” exception, the court found it inapplicable because the officer permitted the defendant to remove his personal property after indicating the vehicle was being impounded. Therefore, the papers would not have been in the car during the inventory search. The court thus rejected the prosecution’s attempt to justify the seizure under either the “plain view” or “inevitable discovery” exceptions, emphasizing the importance of the warrant requirement and its limitations in protecting individuals from unreasonable searches and seizures. The decision highlights the need for a clear nexus between the object seized and probable cause of its incriminating nature for the plain view exception to apply.