dissenting.
I must respectfully register my dissent to the conclusion of the majority opinion wherein it holds that the arrest in this case was without probable cause, rendering the product of the search and seizure flowing therefrom illegal.
Appellee concedes that when he was ordered to remove himself from the automobile, he was, in contemplation of law, under arrest. The trial court also reached this same conclusion. Neither does appellee contest the right of the police officer to approach the automobile to investigate the reason for the car being parked in such a dangerous place.
As I view the facts, the evidence disclosed that the arresting officer saw in plain view an opened, partially consumed bottle of wine with several cups also plainly visible. The officer smelled alcohol on the breath of the appellee. He recognized the two female occupants of appellee’s car as being minors presently attending high school. Finally, by appellee’s admission, appellee had furnished these minors some of the alcoholic beverage.. Such conduct on its face presents reasonable and prima facie evidence that a felony in violation of Code § 58-612 had been committed and that such felonious conduct was likely to continue. Though the officer did not see appellee actually furnish the minors alcoholic beverages, the direct, probative and reasonable evidence irresistibly points to the conclusion by a reasonable man that a felony had been or was being committed in his presence. See Young v. State, 238 Ga. 548.
It is well settled that an officer at the time of a lawful custodial arrest may, without a warrant, make a full search of the person of the accused (United States v. Robinson, 414 U. S. 218 (94 SC 467, 38 LE2d 427)), a limited area within the control of the person arrested *109(Chimel v. California, 395 U. S. 752 (89 SC 2034, 23 LE2d 685)) and of an automobile in his possession at the scene of the arrest for the discovery and preservation of criminal evidence (Adams v. Williams, 407 U. S. 143 (92 SC 1921, 32 LE2d 612)). Glover v. State, 139 Ga. App. 162, 165 (227 SE2d 921).
The arrest of the appellee being lawful, in my opinion, the resultant search and seizure likewise was lawful as being based upon and flowing from that arrest. It follows that the conclusion of the trial court that the arrest was not based upon probable cause was error. Accordingly, I would reverse the order and judgment of the trial court.
I am authorized to state that Judge Webb and Judge Banke join in this dissent.