People v. Duprey

Sullivan, J. (concurring).

While I agree that the motion to suppress was properly denied the majority opinion, in my view, unduly restricts the concept of probable cause as typified by its formulation of the critical issue upon which the legality of the arrest turns — whether an individual may be convicted of the crime of attempting to possess narcotics. This is an inquiry more appropriate to a motion addressed to the sufficiency of the evidence in support of an indictment than to a determination of the existence of probable cause.

The relevant inquiry is whether the officers had probable cause…