Jones v. State

Shulman, Judge,

dissenting.

While I have no desire to hamper our law enforcement agencies in the performance of duties already made difficult by restrictive judicial decisions, I am unalterably opposed to extensions of the police power which tend to override the constitutionally protected rights of the individual. It is my opinion that the action of the police officer in this case constitutes just such an impermissible extension of the police power.

Considering the totality of the circumstances surrounding this questionable stop, I cannot agree that at the time of the stop the police officer possessed specific and articulable facts giving rise to a reasonable suspicion of criminal activity. The fact that appellant was in possession of contraband must not obscure the ultimate issue: the degree to which public authority may infringe on the freedom of the public to come and go, secure against governmental intrusion. In my opinion, the intrusion in the instant case was not reasonable.

For the reasons stated, I would reverse the trial court’s denial of the motion to suppress.