State v. Dennis
Decision Date | 01 March 1983 |
Citation | 456 A.2d 333,189 Conn. 429 |
Court | Connecticut Supreme Court |
Parties | STATE of Connecticut v. Ricky DENNIS. |
Donald D. Dakers, Public Defender, for appellant (defendant).
Roland D. Fasano, Asst. State's Atty., with whom, on the brief, was Arnold Markle, State's Atty., for appellee (state).
Before SPEZIALE, C.J., and PETERS, ARTHUR H. HEALEY, PARSKEY and SHEA, JJ.
The defendant was charged with the crime of robbery in the first degree in violation of General Statutes § 53a-134(a)(4). A motion to dismiss the information filed by the defendant was denied by the trial court after an evidentiary hearing. After a trial to the court, the defendant was convicted as charged. The defendant has appealed, claiming that the trial court erred in denying his motion to dismiss the information because his warrantless arrest violated the fourth amendment to the United States Constitution in that it was not based on probable cause. We find no error.
The court could have reasonably found the following facts: At approximately 8:30 p.m. on May 22, 1980, two black males, one of whom was armed with a handgun, forced their way into the occupied attendant's booth of a service station located on Whalley Avenue in New Haven and stole a purse and the cash drawer containing approximately $300. In addition to a detailed description of the two robbers, the police had the license plate number of the getaway vehicle which allowed them to trace the ownership of the vehicle to a woman residing on Woolsey Street in New Haven. A stakeout of that area resulted in the arrest of the defendant and another man accompanying him. On appeal the defendant argues that the facts known to the New Haven police at the time of his arrest were insufficient to establish probable cause.
A police officer is authorized to arrest, without a warrant, "any person who such officer has reasonable grounds to believe has committed or is committing a felony." General Statutes § 6-49, now § 54-1f(b); State v. Wilson, 178 Conn. 427, 435, 423 A.2d 72 (1979); State v. Penland, 174 Conn. 153, 155, 384 A.2d 356, cert. denied, 436 U.S. 906, 98 S.Ct. 2237, 56 L.Ed.2d 404 (1978). We have stated on numerous occasions that the term "reasonable grounds" as used in the statute is to be equated with probable cause; State v. Wilson, supra; State v. Penland, supra; State v. Cobuzzi, 161 Conn. 371, 376, 288 A.2d 439 (1971), cert. denied, 404 U.S. 1017, 92 S.Ct. 677, 30 L.Ed.2d 664 (1972).
" . State v. Acquin, 187 Conn. 647, 656-57, 448 A.2d 163 (1982).
It is clear that the New Haven police were aware of the following facts prior to the...
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