(dissenting).
I respectfully dissent. In my opinion the District Court did not err in suppressing the envelope and check1 because I agree with the District Court that there was no probable cause for Zimple’s arrest. He was arrested when the officers stopped him and questioned him in the first instance. Henry v. United States, 361 U.S. 98, 103, 80 S.Ct. 168, 4 L.Ed. 2d 134 (1959). This event must be viewed at that time, not after he was questioned nor after evidence of guilt was found. 361 U.S. at 104, 80 S.Ct. at 172. When he was stopped, the officers had information about burglaries, not mail thefts. Seeing Zimple enter an apartment building and “a minute or so later” come out and enter a second apartment building where he left “after about a minute” is not probable cause for arresting him to question him about burglaries. Henry v. United States, 361 U. S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959), Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949).
Because Zimple was unlawfully arrested, I think the District Court erred in admitting his confession into evidence to supply the link missing in the chain of evidence against him. The confession was induced by confronting Zimple with the envelope and check which were abandoned by him in the police station in fear of further searching. Wong Sun v. United States, 371 U.S. 471, 486, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The envelope and check in the hands of the police at the station were tainted by the unlawful arrest, and without their use Zimple may not have “volunteered” to confess. 371 U.S. at 485, 488, 83 S.Ct. at 416, 417. The fact that he “volunteered” is irrelevant under the circumstances of this case.
I would reverse.
. To support the conviction, the Government-appellee claims error in that ruling of tlia District Court. Its right to do so is not challenged.