New York Law Review

Tag: Misdemeanor Arrest

  • People v. Valentine, 17 N.Y.2d 128 (1966): Probable Cause Standard for Misdemeanor Arrests

    People v. Valentine, 17 N.Y.2d 128 (1966)

    A police officer may arrest a person without a warrant when the officer has probable cause to believe that the person is committing a misdemeanor in the officer’s presence.

    Summary

    Valentine was convicted of violating sections 974 and 975 of the Penal Law based on evidence seized during an arrest. An officer observed Valentine engaging in short conversations with six unknown individuals, each of whom handed Valentine money. Valentine also made notations on a slip of paper on three occasions. The officer arrested Valentine and seized slips of paper containing mutuel racehorse policy numbers. The New York Court of Appeals held that the arrest was lawful because the officer had probable cause to believe Valentine was committing a misdemeanor in his presence, and the search incident to that arrest was therefore valid.

    Facts

    On September 23, 1964, a police officer observed Valentine standing on a street corner. Over a 20-minute period, six unknown persons approached Valentine, engaged in short conversations with him, and handed him money in bill form. On three occasions, Valentine made notations on a slip of paper. The officer was 50-60 feet away and could not overhear the conversations or see the notations. After observing this pattern, the officer arrested Valentine. A search incident to the arrest revealed slips of paper with three-digit numbers, which the officer identified as mutuel racehorse policy numbers.

    Procedural History

    Valentine was convicted in the Criminal Court of the City of New York for violating sections 974 and 975 of the Penal Law. The Appellate Term, Second Department, affirmed the conviction. The New York Court of Appeals granted permission for a further appeal.

    Issue(s)

    Whether a police officer may lawfully arrest a person without a warrant for a misdemeanor when the officer has reasonable grounds or probable cause to believe that the person is committing a crime in the officer’s presence.

    Holding

    Yes, because a 1963 amendment to the Code of Criminal Procedure allows a police officer to arrest a person without a warrant when there is probable cause for believing that the person is committing a misdemeanor in the officer’s presence.

    Court’s Reasoning

    The Court reasoned that prior to July 1, 1963, an arrest without a warrant for a misdemeanor required the officer to observe the crime being committed in their presence with enough evidence to convict. However, a 1963 amendment to Section 177 of the Code of Criminal Procedure changed the standard. The amended statute allows an officer to arrest without a warrant when they have “reasonable grounds for believing that a crime is being committed in his presence.” The Court stated, “This amendment has the effect of allowing a police officer to arrest a person when there is probable cause for believing that the person is committing a misdemeanor in his presence. The change allows the same standard of probable cause justifying an arrest without a warrant to prevail for misdemeanors committed in the presence of a police officer as for felonies.”

    The Court relied on People v. Brady, 16 N.Y.2d 186 (1965) and People v. White, 16 N.Y.2d 270 (1965), to define probable cause. Quoting White, the court stated, “what we are talking about is not the proof beyond a reasonable doubt required for the conviction of a crime but reasonable ground or probable cause for making a search, that is, observations or information sufficient to move a reasonable man to conclude that a crime is being committed or attempted”. The standard is what would be probable cause to a “reasonable, cautious and prudent police officer.”

    Applying this standard to the facts, the Court found that the experienced officer, familiar with policy operations, observed a pattern of behavior typical of gambling activity. While each individual transaction might seem innocent, the repeated pattern gave the officer probable cause to believe Valentine was committing a crime. As a result, the arrest and the search incident to the arrest were proper.

  • People v. McCarthy, 14 N.Y.2d 203 (1964): Probable Cause Requirement for Misdemeanor Arrests

    People v. McCarthy, 14 N.Y.2d 203 (1964)

    An arrest for a misdemeanor requires probable cause to believe the suspect is guilty, and evidence obtained from a search incident to an unlawful arrest is inadmissible.

    Summary

    McCarthy and Kancza were arrested for carrying a suspicious package. Prior to the arrest, they made statements to police indicating it was found nearby. The package contained stolen radios and radio parts. The New York Court of Appeals held that the circumstances did not provide probable cause for the initial arrest of McCarthy and Kancza, making the subsequent search of the package illegal. Therefore, the evidence (stolen radios) should have been suppressed, because a search cannot be validated by its success if the initial arrest was unlawful. The court reversed the convictions and ordered a new trial.

    Facts

    A police officer observed McCarthy and Kancza carrying a closed package addressed to General Consolidated Ltd.

    McCarthy told the officer the box contained a doll for his sister and claimed he found the package nearby.

    McCarthy and Kancza were arrested on suspicion.

    After their arrest, McCarthy and Kancza stated that they received the package from Collins, who threw it over a fence.

    Collins later admitted to throwing the package over a fence.

    The package was opened at the police station and found to contain stolen radios and radio parts.

    Procedural History

    The defendants moved to suppress the evidence (radios and radio parts), arguing it was obtained through an illegal search and seizure without a warrant, and as a result of an illegal arrest without probable cause.

    The trial court denied the motion to suppress, and the defendants were convicted.

    The case was appealed to the New York Court of Appeals.

    Issue(s)

    Whether the police had probable cause to arrest McCarthy and Kancza for a misdemeanor at the time of the arrest.

    Whether the evidence seized (the radios and radio parts) should have been suppressed as the product of an illegal search incident to an unlawful arrest.

    Holding

    No, because the circumstances did not provide the officer with probable or reasonable cause to believe that McCarthy and Kancza were guilty of a crime at the time of their arrest.

    Yes, because the evidence was obtained as a result of an illegal search and seizure incidental to an unlawful arrest, the evidence should have been suppressed.

    Court’s Reasoning

    The Court of Appeals applied the established rule that even for a misdemeanor arrest under New York Criminal Procedure Law, officers must have probable cause to believe the person is guilty. The court found the circumstances surrounding McCarthy and Kancza’s possession of the package, and their initial explanation, did not provide probable cause to believe they had committed a crime. The court emphasized that probable cause must exist *prior* to the arrest. The court cited *People v. O’Neill*, noting that “[a] search is good or bad when it starts and does not change character from its success.” The Court further cited *People v. Loria*, stating that the validity of a warrantless arrest depends on probable cause, and such cause cannot be based on evidence obtained from a search whose validity depends on the validity of the arrest. In other words, the discovery of the stolen goods could not retroactively justify an arrest that was initially unlawful. The dissent is not discussed.