People v. Rivera, 26 N.Y.2d 304 (1970)

The point at which a police encounter escalates into an arrest requiring probable cause is a factual determination, and observations made after an illegal arrest cannot retroactively validate it, but observations made during a lawful surveillance can provide probable cause for a subsequent arrest.

Summary

Rivera was convicted of unlawful possession of barbiturates. The police, without probable cause, followed a taxi in which Rivera was a passenger. After the officers approached the taxi and one knocked on the window, Rivera dropped capsules to the floor. The officer, believing them to be barbiturates, arrested Rivera and seized the capsules. The lower courts denied Rivera’s motion to suppress the evidence. The New York Court of Appeals reversed and remanded, holding that the hearing court must determine at what point the arrest occurred because if the arrest occurred when the officers initially approached the taxi without probable cause, then anything observed afterward could not validate the arrest. However, if the approach was merely a routine surveillance, Rivera dropping the capsules could establish probable cause for a subsequent arrest.

Facts

Detective La Briola observed Rivera enter a building known for narcotics sales, then re-enter a taxi. La Briola followed the taxi. When the taxi stopped at a light, La Briola blocked it with his car. La Briola’s partner approached the taxi, knocking on the rear window with his shield. La Briola then saw Rivera place three capsules on the floor of the taxi. Believing the capsules to be barbiturates, La Briola opened the door, seized the capsules, and arrested Rivera. La Briola admitted he could not distinguish barbiturates from other pills.

Procedural History

Rivera was convicted in the Criminal Court of the City of New York for unlawful possession of barbiturates after his motion to suppress the evidence (the capsules) was denied. The Appellate Term affirmed, and Rivera appealed to the New York Court of Appeals.

Issue(s)

Whether the police officers’ act of blocking the taxicab constituted an illegal arrest, rendering the subsequently seized evidence inadmissible. Further, if the initial encounter was not an arrest, whether Rivera dropping the capsules to the floor provided probable cause for their seizure and Rivera’s arrest.

Holding

No, the judgment of conviction is reversed and the case remanded because the hearing court must determine when the arrest occurred. If the arrest occurred when the officers initially approached the taxi without probable cause, then anything observed afterward could not validate the arrest. Yes, if the initial approach was merely a routine surveillance, Rivera dropping the capsules could establish probable cause for a subsequent arrest.

Court’s Reasoning

The court reasoned that the timing of the arrest is crucial. An arrest requires probable cause. If the arrest occurred when the officers initially blocked the taxi, at a time when they lacked probable cause, then the arrest was illegal, and the subsequent seizure of the capsules was unlawful. As the Court stated, “Thus if the arrest occurred then, nothing which thereafter happened could validate the arrest or justify an incidental search.” However, the court acknowledged that police officers have the right to conduct routine surveillance. If the officers merely approached the taxi for routine questioning (as in Rios v. United States), and Rivera’s act of dropping the capsules created a reasonable belief that he possessed contraband, then that act would provide probable cause for a valid arrest. The court found Rivera’s behavior of placing the capsules on the floor after noticing the police to be significant evidence of consciousness of guilt, justifying the inference that contraband was being discarded. The court distinguished the facts from cases involving harder narcotics in opaque packaging, noting that the capsules likely contained drugs covered by the relevant statute. Because the hearing court based its denial of the motion to suppress on the erroneous ground that the police could stop a taxi at any time, the Court of Appeals remanded the case for a factual determination of when the arrest occurred.