People v. Garren

Contrary to the People’s contentions, the mere presence in an automobile of a vial in which no powdery substance or residue is discernible, does not, without further indicia of illegal narcotics-related activity, constitute probable cause to *615arrest the occupants and search their automobile (cf., People v Goggans, 155 AD2d 689; see also, People v McRay, 51 NY2d 594). Further, the hearing court’s finding that the arresting officer could not, under the circumstances presented, have reasonably mistaken an automobile heat cushion for a plastic bag containing a controlled substance, is supported by…