State v. Jarzab

I dissent from the majority opinion. Initially, I do not perceive the distinction that the majority makes between the Federal and Arizona tests for determining the validity of an investigative detention. The majority opinion seems to assert that Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), only requires an officer to perceive unusual circumstances before he makes an investigative detention. The majority opinion states that Terry “did not hold that some indication that the activity is related to crime was an essential ingredient of the test of the police action.” This is…