When a police officer suspects that he witnesses the exchange of drugs for sale, can he arrest a suspect even if he’s unable to confidently identify the object that changed hands? According to New York case law, the answer is yes. A recent case before the New York Appellate Division, First Department clarifies the analysis that answers this question, which in turn applies to suspects and defendants involved in cases revolving around the alleged sale of a controlled substance. The case marks an obstacle for defendants in these kinds of cases, but it is crucial for defendants to know where the law stands when involved in the alleged sale of a controlled substance.
Case Before the Appellate Division
According to the facts of the case, a police officer noticed a man standing outside of a hotel one evening, wandering around and “nervously looking around.” A few moments later, the officer saw the man start speaking with a woman that he knew had been arrested in the past for drug-related charges. At that point, he saw an object “change hands,” or go from one person to the other.
The officer arrested the defendant, and the defendant was charged and later convicted of criminal sale of a controlled substance in the third degree, as well as criminal possession of a controlled substance in the third degree. The defendant filed a motion to suppress, arguing the officer did not, in fact, have probable cause to arrest him in the first place. The trial court denied this motion, and the defendant appealed the trial court’s decision.
The Totality of the Circumstances
On appeal, the higher court clarified: even though the officer did not know exactly what object changed hands between the individuals, he had enough reason to suspect criminal activity. New York case law says that when a trained and experienced officer observes what he believes to be the exchange of drugs based on the “totality of the circumstances,” it is okay if the officer does not know for certain that the object changing hands is some kind of drug. The fact that the police officer had arrested the buyer for drugs in the past was a major factor the Court considered. Therefore, said the court, the lower court properly denied the defendant’s motion to suppress. The case illustrates the level of deference courts are willing to give police officers, absent any reason to disbelieve their testimony.
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