People v. Chapman

Titone, J. (dissenting).

I have no quarrel with the majority’s factual recitation or the general propositions of law which it cites. But looking beyond such generalized propositions to the controlling holdings, I am compelled to conclude that the largely “undisputed” facts fall far short of the quantum necessary to establish probable cause for arrest at the time that the pillowcase was searched. Therefore, I must dissent.

“In passing on whether there was probable cause for an arrest, we consistently have made it plain that the basis for such a belief must not only be reasonable, but it must…