Johnson v. State

The majority opinion takes liberties with the evidence. When the majority finds Officer Spahr’s testimony convenient, it accords his opinion unwarranted deference. When it finds his testimony as to a different opinion inconvenient, it disregards his testimony and ascribes to him an opinion exactly opposite of the one he expressed. I therefore respectfully dissent.

Officer Spahr lacked authority to conduct the pat-down; and Johnson’s consent to the subsequent search that turned up the drugs was not freely and voluntarily given, but rather was tainted by the illegal pat-down. Therefore, the…