People v. Muriell, 68 N.Y.2d 294 (1986)

Probable cause for an arrest can be established by the arresting officer’s testimony regarding information received from an undercover officer who personally witnessed the crime, without requiring the undercover officer to testify at the suppression hearing, unless the defense raises specific issues necessitating the undercover officer’s testimony.

Summary

Muriell was arrested for selling drugs to an undercover officer. At the suppression hearing, the arresting officer testified that the undercover officer radioed him with a description of the seller, the vehicle he entered, and the location of the stash. The trial court suppressed the evidence, requiring the undercover officer’s testimony to establish probable cause. The Court of Appeals reversed, holding that the arresting officer’s testimony about the undercover officer’s firsthand observations was sufficient to establish probable cause unless the defense presents specific challenges that necessitate the undercover officer’s presence. This decision distinguishes situations where the sending officer’s knowledge is based on unknown or unreliable sources.

Facts

A New York City police narcotics team conducted a “buy and bust” operation. An undercover officer purchased heroin from Muriell. The undercover officer radioed Detective McCarthy, a backup officer, describing Muriell (male white, approximately 25, six feet, 150 pounds, blue jacket, black pants), the black Ford vehicle Muriell entered with its license plate number, and that “the stash was in the trunk”. Detective McCarthy followed the vehicle, arrested Muriell, and searched him and the trunk. He found previously reported “buy money” in Muriell’s pocket and heroin in the trunk.

Procedural History

Muriell was indicted for criminal possession and sale of a controlled substance and moved to suppress the evidence. The trial court initially denied the motion. Upon reargument, the trial court granted the motion to suppress, citing Appellate Division precedent requiring the undercover officer’s testimony. The Appellate Division affirmed. The People appealed to the New York Court of Appeals.

Issue(s)

Whether the People, as a matter of law, failed to meet their burden of showing probable cause for the arrest when the arresting officer testified that he relied on information from an undercover police officer who reported that he had just purchased drugs from the defendant, without the undercover officer also testifying.

Holding

No, because when an arresting officer relies on information from another officer who personally witnessed the crime, that testimony, if credited, establishes probable cause for the arrest. The People do not need to produce the undercover officer to support a finding of probable cause unless substantial issues are raised regarding the validity of the arrest, which the undercover officer’s testimony would help resolve.

Court’s Reasoning

The Court of Appeals distinguished this case from People v. Lypka and People v. Havelka, where the sending officer’s information was based on unknown or unreliable sources. Here, the undercover officer personally witnessed the crime. Quoting United States v. Ventresca, the court stated, “Observations of fellow officers of the Government engaged in a common investigation are plainly a reliable basis for a warrant applied for by one of their number.” The court reasoned that a per se rule requiring the undercover officer’s testimony in every case is unwarranted and could jeopardize the officer or ongoing investigations. The defendant is free to cross-examine the arresting officer and present evidence to challenge probable cause. However, absent a specific showing that raises substantial questions about the legality of the arrest, requiring the People to produce the undercover officer is unnecessary and potentially harmful. The court emphasized a flexible rule to balance the defendant’s interests with the practical needs of “buy and bust” operations. The Court stated that the defendant is not barred from challenging the arrest as “defendant is always free to cross-examine the arresting officer and any other witnesses produced by the prosecution and may, of course, call his own witnesses or testify on his own behalf with respect to his conduct prior to the arrest.”