New York Law Review

Tag: search incident to 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. Brady, 16 N.Y.2d 186 (1965): Establishing Probable Cause for Arrest Based on Observed Conduct and Prior Knowledge

    People v. Brady, 16 N.Y.2d 186 (1965)

    Probable cause for an arrest exists when the totality of the circumstances, including observed conduct and prior knowledge, would lead a reasonable and prudent peace officer to believe that a crime has been committed and the defendant committed it.

    Summary

    Brady was convicted of criminally concealing stolen property. The police, aware of recent burglaries in a hotel and Brady’s prior suspicious activity there, observed him acting suspiciously outside the hotel. He repeatedly examined “little white boxes” and denied his identity when stopped. The court held the arrest lawful, finding probable cause based on the officers’ observations and prior knowledge. Brady’s admission during trial that the stolen jewelry exceeded $100 in value removed the misdemeanor charge from consideration, negating the need for the jury to consider it.

    Facts

    Police officers were aware of a series of burglaries at a specific hotel.
    Months prior to the arrest, Brady had been stopped on an upper floor of the hotel with keys to five different rooms.
    On the night of the arrest, officers observed Brady leaving the hotel.
    They saw him repeatedly take “little white boxes” out of his pockets and examine their contents as he walked along the street.
    When stopped by the officers, Brady denied that his name was Brady and denied being at the hotel that evening.
    During the trial, Brady admitted the value of the stolen jewelry exceeded $100.

    Procedural History

    Brady was convicted in the trial court of criminally concealing and withholding stolen property as a felony.
    The Appellate Division reversed the conviction and granted a new trial.
    The People and Brady cross-appealed by permission to the New York Court of Appeals.

    Issue(s)

    Whether the police had probable cause to arrest Brady, making the subsequent search incident to that arrest lawful.
    Whether the trial court erred by not instructing the jury that if they found the value of the stolen property to be less than $100, they should find the defendant guilty of a misdemeanor.

    Holding

    Yes, because the officers’ observations of Brady’s suspicious behavior, combined with their prior knowledge of his activities at the hotel, were sufficient to establish probable cause for a reasonable officer to believe that a crime had been committed and that Brady had committed it.
    No, because Brady’s admission during trial that the value of the stolen jewelry exceeded $100 removed the issue of value from the case, making a charge on the misdemeanor offense unnecessary.

    Court’s Reasoning

    The Court of Appeals determined that the police officers had probable cause to arrest Brady based on the totality of the circumstances. The officers knew of recent burglaries at the hotel, and that Brady had previously been found on an upper floor with keys to multiple rooms. They observed him leaving the hotel and suspiciously examining small boxes. His subsequent denial of his identity further supported the probable cause. The court quoted Bell v. United States, stating that the officers observed the standard of what would be probable cause to “a reasonable, cautious and prudent peace officer.” Because the arrest was lawful, the search at the precinct station was a valid search incident to arrest.

    Regarding the failure to instruct on the misdemeanor offense, the court cited People v. Walker, noting that when a defendant admits a fact in open court, that fact is established, and no further evidence is needed. Brady’s admission that the jewelry’s value exceeded $100 removed the question of value from the jury’s consideration. The court also cited People v. Mussenden, stating that “the submission of a lesser degree or an included crime is justified only where there is some basis in the evidence for finding the accused innocent of the higher crime, and yet guilty of the lower one.” Since Brady admitted the value exceeded $100, there was no basis for finding him guilty of the misdemeanor but not the felony.

  • People v. Huntley, 43 N.Y.2d 175 (1977): Parolee’s Fourth Amendment Rights and Search Incident to Arrest

    People v. Huntley, 43 N.Y.2d 175 (1977)

    A parolee retains Fourth Amendment rights, and a search of a parolee’s residence must be justified either by probable cause or as a valid search incident to a lawful arrest for a parole violation, but cannot be a pretext for a general exploratory search.

    Summary

    The New York Court of Appeals addressed whether evidence seized during a search of a parolee’s apartment should be suppressed. The parole officer searched Huntley’s apartment after arresting him for violating parole by associating with a known criminal. The search uncovered narcotics, leading to a drug conviction. The court affirmed the conviction, holding that the search was a valid search incident to a lawful arrest. However, a strong dissent argued the search was unreasonable and violated Huntley’s Fourth Amendment rights, as it was not truly incident to the arrest, but rather an improper evidence-gathering expedition.

    Facts

    Huntley was on parole. His parole officer received information that Huntley was associating with a known criminal, a violation of his parole conditions. The parole officer arrested Huntley at his apartment for this violation. Following the arrest, the parole officer conducted a 2 1/2-hour search of Huntley’s apartment. The search uncovered narcotics, which led to Huntley being charged with drug offenses.

    Procedural History

    Huntley was convicted on drug charges based on the evidence found during the search of his apartment. He moved to suppress the evidence, arguing the search was illegal. The trial court denied the motion. The appellate division affirmed. The New York Court of Appeals then reviewed the case.

    Issue(s)

    Whether the search of Huntley’s apartment, conducted after his arrest for a parole violation, was a valid search incident to arrest, or an unreasonable search violating his Fourth Amendment rights?

    Holding

    No, according to the dissent, because the search was unreasonable by constitutional standards and the evidence should have been suppressed. The majority affirmed the lower court’s decision without a majority opinion.

    Court’s Reasoning

    Judge Fuld, in dissent, argued that a parolee does not lose all Fourth Amendment protections. While a parolee is in some sense still in legal custody, allowing a complete stripping of Fourth Amendment rights would undermine the rehabilitative purpose of parole. The blanket permission given to a Parole Officer to visit the parolee’s residence should not be construed as a waiver of constitutional guarantees or a consent to a general exploratory search. The dissent emphasized the limitations on searches incident to arrest. Such searches are justified by the need to seize weapons or evidence related to the crime for which the arrest was made. Here, the arrest was for associating with a known criminal; a lengthy search of the apartment did not logically flow from that charge. Citing Preston v. United States, 376 U.S. 364, 367, the dissent noted the justification for a search incident to arrest is to seize weapons or fruits of the crime. The dissent suspected the parole warrant was used as a pretext to gather evidence in a criminal case, which is an improper purpose, citing Abel v. United States, 362 U.S. 217, 226. Therefore, the dissent concluded the search was unreasonable and the evidence should have been suppressed.