Arburn v. Department of Motor Vehicles

DUFFY, J., Dissenting.

The majority finds a sufficient record that San Jose Police Officer Lira had a reasonable suspicion to make the traffic stop that ultimately resulted in respondent Jeffrey J. Arburn’s arrest for driving under the influence. I respectfully disagree.

*1487“[I]n order to justify an investigative stop or detention the circumstances known or apparent to the officer must include specific and articulable facts causing him to suspect that (1) some activity relating to crime has taken, place or is occurring or about to occur, and (2) the person he intends to stop or detain is involved…