Dillard v. City of Syracuse

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: GOLDMAN
• Citation: Dillard v. City of Syracuse, 381 N.Y.S.2d 913, 51 A.D.2d 432 (N.Y. App. Div. 1976)
• Decision Date: 09 April 1976
• Parties: Benjamin DILLARD, Respondent, v. CITY OF SYRACUSE, Appellant.

Page 913

381 N.Y.S.2d 913

51 A.D.2d 432

Benjamin DILLARD, Respondent, v. CITY OF SYRACUSE, Appellant.

Supreme Court, Appellate Division, Fourth Department.

April 9, 1976.

Edward P. Kearse, Corp. Counsel (Jeffrey McCrone, Syracuse, of counsel), for appellant.

Bond, Schoeneck & King, Syracuse (Carl Worboys, syracuse, of counsel), for respondent.

Before MARSH, P.J., and SIMONS, DILLON, GOLDMAN and WITMER, JJ.

OPINION

GOLDMAN, Justice:

City of Syracuse (City) appeals from an order of Onondaga County Court which affirmed a judgment of the City Court of Syracuse, pursuant to a jury verdict in the sum of $4,500 for damages suffered by the plaintiff as a result of an alleged false arrest and false imprisonment. The City contends that it established a prima facie defense of justification for the arrest and imprisonment by a showing that the plaintiff was held by a judge after a preliminary examination, that the accused was indicted by a grand jury and that therefore the trial court erred in its denial of defendant's motions to dismiss.

The facts are not in substantial dispute. On August 15, 1967 the plaintiff and a companion, both of whom were drug addicts, learned that a group of narcotics dealers from New York City had been forced to throw away their supply of drugs when the Onondaga Hotel, in which they were located, was raided by the police. Plaintiff's companion, one Eure, accompanied plaintiff to the hotel and asked the desk clerk for the key to the door leading to the roof. The police were notified of the request and two detectives and numerous uniformed officers responded. The plaintiff had been in the hotel about 15 to 20 minutes before the police arrived.

A search of the interior roof was made by the police and they found a bag containing drugs and drug paraphernalia. While the search was in progress plaintiff went to the hotel bar for a drink, then left the hotel and was standing on the corner across the street from the hotel when he was put under arrest for possession of dangerous drugs. The detective in charge who had ordered plaintiff's arrest testified that because of his knowledge of plaintiff's and his companion's 'past reputations as addicts' he 'presumed' that the articles found on the roof belonged to them, although they did not have actual physical or constructive possession of the drugs.

Plaintiff and Eure were arraigned on the possession charge and a preliminary examination was held. The judge presiding at the hearing bound plaintiff and Eure over for grand jury action, stating that 'I feel that there is probable cause to believe that some crime, not necessarily the one alleged, has been committed'. The grand jury indicted the plaintiff and Eure and on a motion to inspect the grand jury minutes the indictments were dismissed. The plaintiff was then freed from custody after serving over five months in jail.

At the City Court trial the parties stipulated to the following facts:

1. That the plaintiff was arrested on a felony charge;

2. That he was held over for grand jury action after a preliminary examination 3. That he was indicted;

4. That he was subsequently released by order of the County Court;

5. That the materials found in the bag were narcotics.

After denial of the City's motions at the close of all the evidence, the jury awarded plaintiff a total of $4,500 which they divided into $3,000 for unlawful imprisonment and $1,500 for lost wages. The City Court judgment was affirmed by the County Court.

Appellant City's principal ground for reversal is based on its claim that it established a prima facie defense which was not rebutted or overcome at trial. The City argues that the preliminary examination and indictment are prima facie eviden that reasonable cause existed for both the arrest and prosecution of respondent.

When an officer arrests a person without a warrant his actions are not cloaked with judicial recognition that reasonable cause existed for the arrest. 'The requirement that an officer have reasonable cause for a warrantless arrest represents a compromise, with its roots deep in the common law, between the individual's interest in personal liberty and society's competing interest in its own protection through the apprehension of criminals' (Smith v. County of Nassau, 34 N.Y.2d 18, 23, 355 N.Y.S.2d 349, 352, 311 N.E.2d 489, 492). The arrest in the instant case being without a warrant, 'the presumption arises that such arrest and imprisonment were unlawful, and the burden of proving justification rested on defendant' (Woodson v. New York City Housing Auth., 10 N.Y.2d 30, 33, 217 N.Y.S.2d 31, 32, 176 N.E.2d 57, 58; see, also, Cicurel v. Mollet, 1 A.D.2d 239, 241, 149 N.Y.S.2d 397, 398, affd. 1 N.Y.2d 797, 153 N.Y.S.2d 60, 135 N.E.2d 594; Bonnau v. State of New York, 278 App.Div. 181, 182, 104 N.Y.S.2d 364, 365, affd. 303 N.Y. 721, 103 N.E.2d 340; Clerk v. Nannery, 292 N.Y. 105, 108, 54 N.E.2d 31, 32; Schultz v. Greenwood Cemetery, 190 N.Y. 276, 278, 83 N.E. 41). This presumption is rebutted if, applying the reasonable, prudent person test, the arresting officer, acting in good faith, had 'reasonable cause for believing the person to be arrested to have committed (a felony)' (People v. Coffey, 12 N.Y.2d 443, 451, 240 N.Y.S.2d 721, 725, 191 N.E.2d 263, 266).

The appellant City contends that it has established a prima facie defense and has successfully rebutted the presumption of illegality surrounding a warrantless arrest. The cornerstone of its...