State v. Blackmore

ZLAKET, Vice Chief Justice,

dissenting.

I agree with the majority that the police officer was justified in stopping defendant to conduct an “investigative detention,” but that is where we part company. If being ordered at gunpoint to lie face-down in the dirt, placed in handcuffs, picked up and moved, searched while sprawled over the hood of a police car, and then escorted to the back seat of that vehicle is not enough to cause “a reasonable person, innocent of any crime, [to] reasonably believe that he was being arrested,” State v. Winegar, 147 Ariz. 440, 448, 711 P.2d 579, 587 (1985), I…