People v. Thompson
| Decision Date | 27 July 1987 |
| Parties | The PEOPLE, etc., Appellant, v. Ray THOMPSON, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John J. Santucci, Dist. Atty., Kew Gardens (Michael O'Brien, of counsel), for appellant.
Philip L. Weinstein, New York City (Susan K. Wetzel, of counsel), for respondent.
Before LAWRENCE, J.P., and KUNZEMAN, KOOPER and SPATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Cooperman, J.), dated October 9, 1986, as granted, following a hearing, that branch of the defendant's omnibus motion which was to suppress the contents of a wallet.
ORDERED that the order is affirmed insofar as appealed from.
On February 28, 1986, at 5:00 A.M., Police Officer Sanchez and his partner were conducting a routine patrol when they observed the defendant peering into what appeared to be a "lady's pocketbook" as he walked. In response to a question by Officer Sanchez, the defendant stated that he had found the pocketbook. When directed to give the police officer the pocketboo the defendant handed it through the window of the patrol car, while simultaneously withdrawing some currency. Sanchez announced that the defendant could not keep the money, and without giving him a chance to respond, exited from the patrol car and searched him. The search revealed a wallet containing several credit cards in a woman's name. The hearing court properly granted suppression of this evidence.
The arrest of an individual, and any search made incident to the arrest, are unlawful unless supported by probable cause (see, People v. Hicks, 68 N.Y.2d 234, 508 N.Y.S.2d 163, 500 N.E.2d 861). While probable cause does not require as much proof as is necessary to sustain a conviction, it does require more than mere suspicion (People v. Wharton, 60 A.D.2d 291, 292, 400 N.Y.S.2d 840, affd. 46 N.Y.2d 924, 415 N.Y.S.2d 204, 388 N.E.2d 341, cert. denied 444 U.S. 880, 100 S.Ct. 169, 62 L.Ed.2d 110). Conduct which is equally susceptible to innocent or culpable interpretation cannot give rise to probable cause (People v. Carrasquillo, 54 N.Y.2d 248, 254, 445 N.Y.S.2d 97, 429 N.E.2d 775; People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562). The People contend that the police officers reasonably believed that the defendant had committed a larceny in their presence. However, the defendant's conduct was not indicative of criminal...
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