Brumley v. State

I cannot agree with the majority opinion. The facts set forth therein disclose that the officer acted on mere suspicion and there was no probable cause for the beginning of the chase or search.

In my opinion, we have not passed on the precise question involved in this case.

The United States Supreme Court, in the case of George Carroll v. United States, 267 U. S. 132, 45 S. Ct. 280, 39 A.L.R. 790, in defining probable cause, said:

“If a search and seizure without warrant are made upon probable cause, that is, upon the belief, reasonably arising out of circumstances known to the seizing officer,…