People v. Quarles

187 A.D.2d 200, 593 N.Y.S.2d 635, 1993 N.Y. App. Div. LEXIS 1205
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 5, 1993
StatusPublished
Cited by12 cases

This text of 187 A.D.2d 200 (People v. Quarles) 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. Quarles, 187 A.D.2d 200, 593 N.Y.S.2d 635, 1993 N.Y. App. Div. LEXIS 1205 (N.Y. Ct. App. 1993).

Opinions

OPINION OF THE COURT

Boehm, J.

The principal issue raised in this appeal is whether defendant’s warrantless arrest on burglary charges was supported by probable cause. We conclude that it was.

I

At about 3:50 in the morning of November 28, 1990, a burglary in progress at 224 Wellington Avenue, Rochester, was reported to the Rochester Police Department. Officer Sung Chung was the first to reach the house and saw a blue jacket lying on a garbage can in the back yard. Officer Chung spoke to a resident of 224 Wellington Avenue, who told him that she had seen a black male, six feet tall and with a black jacket, in the yard and that she had heard banging on the windows. Officer Ronald Bryant arrived and observed an open basement window and open side and back doors at 218 Wellington Avenue and an open basement window at 224 Wellington Avenue. Officer Christine Ulgiati then arrived on the scene. Officers Chung and Bryant mentioned that a blue jacket had been found in the back yard and that 218 Wellington Avenue also had been burglarized.

Officer Ulgiati went to the back yard of 224 Wellington Avenue, where she saw defendant, a black male, five feet, ten inches tall, 160 pounds and wearing a navy blue sweatshirt and blue jeans. Upon being discovered, he got up and ran. Officer Ulgiati directed him to stop but he jumped over a fence and fled. Officer Ulgiati gave chase but lost him. She returned to 224 Wellington Avenue and a few minutes later heard a woman inside the house shout, "he’s back, he’s back”. Officer Ulgiati looked into the back yard and observed defendant in [202]*202the act of grabbing the blue jacket from the garbage can. Defendant threw the jacket over his shoulder and ran out of the yard.

Officer Ulgiati headed him off in the front yard, handcuffed him and patted him down for weapons. She found a remote control to a VCR, a yellow rubber glove and a red rag in the pouch of his sweatshirt. She placed those items back into the pouch and took defendant to her police vehicle, where she was joined by Officer Bryant. Both officers patted down the defendant and seized the items in defendant’s sweatshirt pouch, as well as a box cutter from his pocket. Thereafter, Philip Ndaba, the owner of 218 Wellington Avenue, identified the remote control device found on defendant as having been stolen from his house, and the occupant of 224 Wellington Avenue identified defendant as the person she saw attempting to burglarize her house. A CD player was found under the porch of 224 Wellington Avenue and a VCR in the rear yard of 212 Wellington Avenue. Both belonged to Mr. Ndaba.

Defendant was indicted on one count each of burglary in the second degree, attempted burglary in the second degree and petit larceny. He moved to suppress the items seized from him as the fruits of an illegal arrest, arguing that he was arrested without probable cause when Officer Ulgiati stopped and handcuffed him in the yard of 224 Wellington Avenue. After a hearing, Supreme Court denied defendant’s motion. Defendant was convicted as charged after a nonjury trial and sentenced, as a second felony offender, to concurrent terms of incarceration, aggregating 7 Vi to 15 years.

II

Defendant’s primary contention on appeal is that his detention by Officer Ulgiati constituted an arrest and that, because there was no probable cause for the arrest, the items subsequently seized from him must be suppressed.

The threshold question is whether defendant was arrested at the time of the initial detention. The test for determining when an arrest has occurred is "what a reasonable man, innocent of any crime, would have thought had he been in the defendant’s position” (People v Yukl, 25 NY2d 585, 589, cert denied 400 US 851; see also, People v Hicks, 68 NY2d 234, 240). Supreme Court found that defendant was not arrested until after he had been identified by the resident of 224 Wellington Avenue as the man she saw trying to break into [203]*203the house, and after the owner of 218 Wellington Avenue identified the remote control seized from defendant as his property. In our view, however, it is more consonant with the facts that defendant was arrested when he was handcuffed and placed in the police vehicle and the enumerated items were taken from his person. No reasonable person in defendant’s situation would have believed that he was free to leave and not under arrest. That being the case, the inquiry then turns to whether Officer Ulgiati had probable cause for defendant’s arrest.

A police officer may arrest a person without a warrant for a crime when the officer has "reasonable cause to believe that such person has committed such crime, whether in his presence or otherwise” (CPL 140.10 [1] [b]).

Reasonable cause, more frequently referred to as probable cause, has no precise definition. In determining whether an arrest is supported by probable cause, it is necessary to bear in mind that "we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act” (Brinegar v United States, 338 US 160, 175, reh denied 338 US 839; see also, People v Carrasquillo, 54 NY2d 248, 254).

Probable cause may be based upon the totality of knowledge possessed by a police officer from information received and events personally observed. The determination of probable cause "is to be made after considering all of the facts and circumstances together. Viewed singly, these may not be persuasive, yet when viewed together the puzzle may fit and probable cause found” (People v Bigelow, 66 NY2d 417, 423).

Thus, police officers who went to a building pursuant to a radio message reporting the presence of prowlers, and who found defendant on the roof of a nearby building, had probable cause to believe that a felony had been or was about to be committed by defendant, and his arrest without a warrant was upheld (People v Molloy, 22 AD2d 814, affd 17 NY2d 431).

From the totality of the undisputed circumstances here, and the reasonable inferences to be drawn therefrom, there was ample probable cause for Officer Ulgiati to arrest defendant (see, People v Simmons, 114 AD2d 476). Officer Ulgiati had a right to rely on her professional experience and judgment that defendant, who was found in the early morning hours in the back yard of one of the houses where a burglary in progress [204]*204had been reported, who fled and refused to stop when directed to do so, who returned to the back yard to pick up an item of clothing, which could be reasonably construed as an attempt to remove incriminating evidence of identification, whose return caused someone in one of the burglarized houses to shout, "he’s back, he’s back”, and who attempted to flee again, was "probably” involved with the burglaries. The sequence of events belied any reasonable possibility that defendant’s conduct at that time and place was equivocal, or equally as innocent as it was suspicious. There was the telling combination of fresh crimes, defendant’s proximity to them and his flight when discovered. All of the essential elements existed that justified the police officers’ detention, handcuffing and arrest of defendant. The level of suspicion justified the level of police activity (see, People v Chestnut, 51 NY2d 14, cert denied 449 US 1018; People v Acevedo, 102 AD2d 336).

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Bluebook (online)
187 A.D.2d 200, 593 N.Y.S.2d 635, 1993 N.Y. App. Div. LEXIS 1205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quarles-nyappdiv-1993.