State v. Hester

Based on our standard of review and the trial court’s findings of fact and credibility in this case, we must conclude that, based on the evidence of record and under the totality of the circumstances, Sergeant Smith lacked sufficient facts to develop any reasonable, articulable suspicion that Hester had committed any crime prior to having him stopped. As such, Hester’s stop was constitutionally infirm at its outset, and our analysis need go no further. For this *507reason, I regrettably cannot concur with all that is said in the analysis of the majority opinion and must write separately.

The…