Concurring Opinion by
Mr. Chief Justice Bell:I agree that there was probable cause for the police stopping and searching the defendant. I further agree with everything in the majority Opinion except the statement with respect to when an arrest without a warrant is justified. We all agree that an arrest without a warrant is justified if based on “probable cause,” and that if the arrest was lawful the seizure of the challenged evidence as an incident of the arrest was also Constitutionally valid.
However, I very strongly disagree with the definition of probable cause. Probable cause should be facts and circumstances within the arresting officer’s sight or knowledge, or of which he had information sufficient to warrant a reasonable man to believe that the arrested person has committed, or is committing, or is about to commit a crime, or that he can thereby prevent an escape.