NEW YORK STATE DISTINCTIONS: People v. Bigelow- the court has rejected the Leon rule. If the 4th amendment was violated? Evidence excluded. NO GOOD FAITH EXCEPTIONS Dog sniff cases- NY Court of Appeals gives NYers more protection in two specific areas. Apartments and cars. Need some level of suspicion in NY. Devone. Founded suspicion for cars (less than reasonable), reasonable suspicion for apartments People v. Scott- Scott had an open field that was fenced in with no trespassing signs. NY COA said the police trespass was unconstitutional according to NYS Constitution. Rejected Oliver holding, based on the right to be let alone. Land deserves legal protection. Uses the same language as Olmstead dissent. Repugnant to basic notions of fairness. OPEN FIELDS ARE COVERED BY THE 4TH AMENDMENT. There must be some objective evidence that the owner considers this area private such as fences or signs. DOES NOT RECOGNIZE ILLINOIS V GATES. VERY STRICT SPINELLI/AGUILAR STANDARD. Not enough to corroborate innocent facts, needs more People v. McCray - 1980 - Street Surveillance of known drug operations; Cop saw D exchange glassine envelope and said that was sufficient probable cause to search Defendant. Glassine envelope in high crime area + qualified observer (experienced narcotics detective) + exchange $$ = PC to arrest Holding: The reasonableness of the police officer's conduct in any situation will depend on the totality of the circumstances w/ which he is confronted, including the known character in the area involved. There was sufficient evidence to make an inference of probable cause Rule: PC info which would lead a reasonable person who possesses the same expertise as the officer to conclude, under the circumstances, that a crime is being or was committed. Glassine envelope is a "strong clue of crime and a hallmark of drug sale"; narcotic trafficking in a particular community is a relevant circumstance where plastic bags are used to package heroin for drug sales; the PO's experience and training in narcotics investigations are given weight; single transaction is enough. Glassine envelope= telltale sign of heroin A reasonable trained and experienced police officer has probable cause based on Totality of the Circumstances (High crime/drug neighborhood) Exchange of glassine envelope PLUS 1. Passing of money, OR 2. Furtive or evasive behavior, OR 3. Area rampant with narcotics activity proven by competent evidence (testimony of qualified officer) Establishes PROBABLE CAUSE People v. Jones - 1997 - Experienced drug cop saw D exchange money with another man in a known drug area but didn't see what exactly they were exchanging. Cop followed the defendant,
where he dumped out what was later determined to be drugs. NY expands McCray further and says exchanging money + objective reason (drug prone area) = PC to arrest Holding: Even though the cop did not see if the people were exchanging drugs, the whole thing looked like a drug transaction, and then it was corroborated by Defendant's suspicious behavior and the cops' trained eye. That is enough probable cause In 1997- NYC crack epidemic= S.