State v. Myers

I respectfully differ with the rationale and the result reached by the majority. If I understand the opinion correctly, it eventually disposes of this case based on an unstructured determination as to whether the search was reasonable. This approach has been referred to by one commentator as “the wild card of general reasonableness.” 1 *246It requires the police officer to make the initial determination as to the reasonableness of the contemplated action. Such a procedure has been recognized as justifying a “stop and frisk” search under Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 1879, 20…