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.
“ ‘ “Probable cause exists when the facts and circumstances within the knowledge of the officer and of which he has reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution to believe that a felony had been committed.”
State
v.
Wilson,
It is clear that the New Haven police were aware of the following facts prior to the defendant’s arrest: The robbery at the service station was perpetrated at approximately 8:30 p.m. by two black males, one of whom was described as being eighteen to twenty years of age, five feet ten inches tall, wearing a short afro hair style, clean shaven, having a thin build, and wearing gray pants and a blue, patterned shirt. He was also described as carrying a dark colored automatic pistol. The other suspect was described as being eighteen to twenty years old, six feet two inches tall, of medium build, and wearing dark clothing, a stocking mask, and glasses. The police also had the license plate number and a general description of the getaway vehicle, and were able to trace the registration number on the license plate to a woman who resided on Woolsey Street in New Haven. A description of the suspects and the vehicle, including the license
These facts and circumstances provided reasonable grounds for the police to believe that the defendant was one of the two persons who had committed the robbery at the service station. The trial court, therefore, correctly concluded that the warrantless arrest was lawful, and its denial of the defendant’s motion to dismiss was not error.
There is no error.
