¶1dissenting:
¶2I agree with the majority’s finding that Appellee was under arrest at the time he was transported to the victim’s residence for identification. However, because I believe there was no probable cause to arrest Appellee, I would affirm the trial court’s finding that the search of Appellant was illegal and that the evidence obtained in the search, two safety pins and an amount of currency including an alleged peculiarly folded dollar bill, should have suppressed. While the actual alleged dollar bill with the peculiar fold was never entered into evidence, a fact I find disturbing, I would find that the demonstration by the police officer and the victim of how the bill was folded should have been suppressed. In addition, my review of the record leads me to conclude that the evidence, even including that which should have been suppressed, was insufficient to sustain a conviction for burglary. Thus, I would affirm the trial court’s arrest of judgment despite the trial court’s conclusion that there was sufficient evidence introduced at trial to support Appellee’s conviction.
¶3This case is disturbing in that not only did the police lack probable cause to arrest and then search Appellee but, that the evidence introduced at trial was so flimsy that it could not possibly support a conviction for burglary. A clQse reading of the record reveals that the victim’s description of the alleged burglar was very sketchy and that she failed to identify Appellee as the burglar at the time of Appellee’s arrest on that date of the crime or at trial. In addition, the evidence discovered in the search of Appellee hardly provides a strong link between the crime and Appellee. The evidence discovered consisted solely of two safety pins and *398a quantity of currency totaling $22.60 in the following denominations: two five, eight ones and $4.60 in change. One of the dollar bills was also allegedly folded in a peculiar manner similar to a bill contained in the stolen purse. However, a close review of the victim’s testimony reveals that she was uncertain as to the amount of money taken. Further, the record reveals that despite the victim’s uncertainty as to the amount of money taken the police gave the money obtained from Appellee to the victim, including the peculiarly folded dollar bill. Thus, at trial all that was introduced was the two safety pins and a demonstration by the police officer who searched Appellee and the victim as to how the dollar bill was peculiarly folded. I am disturbed not only that the money taken from Appellant was given to the victim before the completion of the criminal proceedings but that actual peculiarly folded dollar bill was not retained as evidence by the police, especially since that dollar bill was, as I read the record, a crucial piece of evidence on which Appellee’s conviction rested. The only other evidence against Appellee was the testimony of the arresting officer which I find far from establishing any guilt on Appellee’s part.
¶4In conclusion, not only was there a lack of probable cause to arrest, but that there was no identification by the victim and the chief piece of evidence against the accused was not preserved for trial by the police. The majority and the trial court obviously believe that a burglary conviction can be based upon such evidence. While I would concede that sufficient evidence need not be overwhelming evidence of guilt, I believe that in that instant case the evidence was insufficient. Thus, I would affirm the trial court’s arrest of judgment.