People v. Alexander

218 A.D.2d 284, 640 N.Y.S.2d 28, 1996 N.Y. App. Div. LEXIS 3203
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 26, 1996
StatusPublished
Cited by15 cases

This text of 218 A.D.2d 284 (People v. Alexander) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Alexander, 218 A.D.2d 284, 640 N.Y.S.2d 28, 1996 N.Y. App. Div. LEXIS 3203 (N.Y. Ct. App. 1996).

Opinion

OPINION OF THE COURT

Mazzarelli, J.

The People appeal from a determination that the police acted improperly in arresting defendant after they observed him and a friend exit a car that was double-parked in front of a building with a known history of drug-related activity and arrests, enter the building, and emerge moments later, holding a small tinfoil packet of a size and shape commonly used to package cocaine that defendant then secreted in his jacket pocket. In reviewing the hearing court’s ruling, we are called upon to answer the question of whether a tinfoil packet of a size and shape commonly associated with cocaine packaging may be deemed a "hallmark” rather than merely a "telltale sign” of criminal drug activity even in the absence of any observed drug sales or exchange of money. Under the totality of the circumstances presented at bar, we answer the question in the affirmative, and thus conclude that the police possessed probable cause to arrest defendant for illegal drug possession. Accordingly, we reverse.

The credible testimony at the suppression hearing established that on November 6, 1992, a plainclothes detective was assigned as part of a team of officers from the Manhattan North Tactical Narcotics Team to observe a building located at 476-82 West 165th Street that was known to the police to be a drug-prone location. The member of the backup team who actually arrested defendant testified that he had personally participated in upwards of 25 arrests at this address for possession or sale of drugs during the month preceding defendant’s arrest. Indeed, the reputation of this building as a beehive of retail drug trafficking was confirmed by the defense’s own witness, Matthew Deighan, who testified at the hearing that he [286]*286had personally purchased drugs at this location on "dozens” of previous occasions.

The undercover detective had been trained to recognize different types of drugs, including cocaine, marihuana and heroin, based on their appearance and packaging. He had personally participated in at least 300 "buy and bust operations” as the buying officer, and at least 500 such operations as the "ghost officer”. He and the arresting detective had worked together in the Washington Heights area, including the block where this arrest occurred, for between two and one-half and three years. The arresting detective also had been trained in the identification and packaging of drugs, had previous experience as a member of the Street Narcotics Enforcement Unit before joining the Manhattan North Tactical Narcotics Team and had made between 500 and 700 previous narcotics-related arrests.

At approximately 2:50 p.m., the undercover detective was leaning on his unmarked rental car, which was parked in front of the building, about 15 to 20 feet away from its front door, when he noticed a brown Plymouth station wagon that double-parked opposite the building under observation. The car was occupied by two men, defendant Michael Alexander and Matthew Deighan, and a woman, Jamie Callin. The undercover detective then saw defendant and Deighan exit the car and enter the building, while Callin remained behind in the passenger seat.

Very soon thereafter, the undercover detective saw defendant and Deighan emerging from the building. According to the undercover detective, the two men were inside the building for only a matter of "several minutes”. Deighan testified, more specifically, that they were inside "[mjaybe five minutes at best”. In any event, it is undisputed that the two men were in and out of the building rather quickly.

As Deighan and Alexander made their way back to the station wagon, they passed right by the undercover detective. The two men appeared to be conversing, while Deighan was looking at and holding a tinfoil packet that he then placed inside his left jacket pocket. At the same time, defendant placed a tinfoil packet that he was holding in his right hand into his right jacket pocket. Although it was subsequently learned that Deighan’s packet was approximately three and one-half inches in size, and defendant’s packet was slightly larger, at the time the two men passed by him comparing what was obviously their recent drug purchases, the undercover could only see [287]*287about two inches of each tinfoil packet. The undercover officer conceded that he neither saw anyone hand the packets to the two men, nor saw any money change hands. Based on the totality of the observed conduct, as well as his experience and training, and familiarity with the prior history of drug activity in this particular building, the undercover detective believed the tinfoil packets to contain cocaine.

After the two men reentered the double-parked station wagon and drove away from the building, the undercover detective went into his car and made a radio transmission to his backup field team that included a description of the car, the license plate number, and details concerning the physical attributes and clothing of the car’s occupants. The undercover detective also indicated that he observed the two men in possession of drugs that they had placed in their pockets. The arresting detective and other members of the field team stopped the car after following it for about 10 blocks.

Once defendant Alexander, Deighan and the woman had exited the car and placed their hands on the roof, the arresting detective asked defendant if he had any drugs on his person. Defendant responded negatively and the arresting detective reached into his right chest jacket pocket and removed the tinfoil packet. It is this contraband that was the subject of the suppression hearing.

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Bluebook (online)
218 A.D.2d 284, 640 N.Y.S.2d 28, 1996 N.Y. App. Div. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alexander-nyappdiv-1996.