People v. Mata

I respectfully dissent. While I concur in the majority’s holding that the State proved the defendant guilty beyond a reasonable doubt, it is my belief that the evidence by which this burden was sustained was the fruit of an illegal seizure of the person of defendant Mata. Consequently, I disagree with the majority that Mata’s warrantless arrest was an “investigative detention” approved by the goals of Terry or that his arrest was supported by probable cause. Accordingly, I dissent from the majority’s decision that the conviction should be affirmed.

“The requirement of probable cause has roots…