(dissenting) :
It is my opinion that the officer had probable cause to detain appellant for purposes of interrogation and search (not just a pat down) based on the affirmative allegation asserted on personal knowledge and direct personal observation by a citizen who was previously known to the officer and who supported his accusation by standing by while appellant was being detained, searched and arrested by the officer. See Rios v. United States, 364 U.S. 253, 262, 80 S.Ct. 1431, 4 L.Ed.2d 1688 (1960); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Young v. United States, 140 U.S.App.D.C. 333, 435 F.2d 405 (1970). And there was nothing stale about the charge levied at appellant. Such factual situation does not bring the case within Aguilar v. Texas, 378 U.S. 108, 113, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and other cases involving “unidentified informers” or hearsay information.
To me the officer’s conduct throughout was entirely reasonable. If officers cannot act instantaneously under such positive claims by a citizen who stands by then they are powerless to protect the public. I would affirm.