State v. Cabigas

Mark Anthony Cabigas was convicted in a trial to the court of illegal possession of heroin in violation of the Uniform Narcotic Drug Act. He appeals, assigning error to the denial of his motion to suppress evidence of heroin obtained by a search of his person. The sole issue we decide on this appeal is whether from the facts appearing in the record, the arresting officer had probable cause at the time of the arrest, to believe Cabigas either had committed a felony or was in the act of committing a felony. We hold there was no probable cause at the time of the arrest and that the judgment must…