Dragnet That Ensnares Good Samaritans, Too By JIM DWYER
Published: November 28, 2007
At first, an epidemic of absent-mindedness seemed to have broken out.
One purse was found just sitting on a display shelf in the shoe department at Macy’s. Another one turned up downstairs, in Macy’s Cellar. Yet another rested on a chair in a Midtown McDonald’s, left by a woman who had stepped into the restroom.
In fact, all three items had been planted by police officers in plainclothes during the previous six weeks. And the three people who picked them up were arrested, and now face indictment on charges that could land them in state prison.
Nine months ago, a similar police decoy program called Operation Lucky Bag was effectively shut down by prosecutors and judges who were concerned that it was sweeping up the civic-minded alongside those bent on larceny. Shopping bags, backpacks and purses were left around the subway system, then stealthily watched by undercover officers. They arrested anyone who took the items and walked past a police officer in uniform without reporting the discovery.
Now, a new version of the operation has started to catch people in public places outside the subways, and at much higher stakes, Criminal Court records show.
Unlike the initial program, in which the props were worth at most a few hundred dollars, the bags are now salted with real American Express cards, issued under pseudonyms to the Police Department.
Because the theft of a credit card is grand larceny, a Class E felony, those convicted could face sentences of up to four years. The charges in the first round of Operation Lucky Bag were nearly all petty larceny, a misdemeanor, with a maximum penalty of one year in jail.
OVER the years, decoy operations have proved to be very effective in flushing out criminals lurking in public places. They also have a history of misfires involving innocent people who stumbled into a piece of theater in the routine drama of city life.
When Lucky Bag began in February 2006, among its first 220 arrests were about 100 people who had prior charges and convictions. Police officials said those arrests helped drive down crime in the subways by about 13 percent.
However, more than half of those 220 involved people with no prior criminal record. In dismissing one case, a Brooklyn judge noted that the law gives people 10 days to turn in property they find, and suggested the city had enough real crime for the police to fight without any need to provide fresh temptations. The penal law also does not require that found items be turned over to a police officer. The Manhattan District Attorney’s Office began to dismiss Lucky Bag charges.
“We spoke with N.Y.P.D.’s legal division and the transit bureau so they would understand the essentials needed for prosecution, because the early arrests were being made on faulty premises,” said Barbara Thompson, a spokeswoman for the office. “There must be evidence that the taker did not intend to return the property.”
Sneaky behavior — like trying to hide a found wallet, or slipping money out and leaving a purse behind — could show that the person meant to steal the valuables. Those instructions were added to a prosecutors’ handbook.
In February, Aquarius Cheers, a 31-year-old Manhattan man who said he was on a shopping expedition with his wife, spotted a Verizon shopping bag with a cellphone and iPod inside at the 59th Street station of the No. 1 train.
As he was looking in the bag, a train arrived. Mr. Cheers said he and his wife boarded, rushed past a uniformed officer, bringing along the bag with the intention of looking for a receipt. Undercover officers then grabbed him. After his case was reported by NY1, the prosecutors vacated the charges.
A spokesman for the Police Department took questions yesterday about the revived decoy operations, but did not provide any answers.
So far, lawyers at the Legal Aid Society have identified four pending felony cases arising from the decoys. The police complaints describe suspicious behavior. For instance, after a 50-year-old man picked up the purse left in the Macy’s shoe department, he put it in a shoe box and carried it to the other side of the store, a complaint said. Then he took the wallet out of the purse, put it in his pocket, and left the shoe box and purse behind, according to the police. That case is pending.
“We want to make sure these are not people intending to return wallets or found property,” Ms. Thompson said.
E-mail: dwyer@nytimes.com