dissenting:
I respectfully dissent. As I view the facts, there was a sufficient showing by the prosecution of probable cause to arrest this defendant.
The majority opinion appears to set down a requirement that before probable cause may be shown there must be evidence to establish beyond question that a crime has been committed. In my view, this is too stringent a requirement. In determining whether probable cause exists, the probabilities that a crime has been committed are to be considered. Probable cause exists where the facts and circumstances within the arresting officer’s knowledge are sufficient to warrant a man of reasonable caution to believe an offense has been committed or is being committed. In dealing with probable cause, as the very name implies, the probabilities that a crime has been committed as shown from the evidence are the elements which must be examined. These involve factual and practical considerations of everyday life on which reasonable and prudent men would act. People v. Weinert, 174 Colo. 71, 482 P.2d 103 (1971).
Here, the statements of the two witnesses and their identification of the defendant, coupled with the backup officer’s observance of the Realistic stereo set in the trunk of the defendant’s car, and the defendant’s admission that he never owned a Realistic stereo set provided probable cause in my view.
Based upon this record, I would reverse the ruling of the trial court.
I am authorized to say that Justice LEE and Justice ROVIRA join me in this dissent.