State v. Richards

I respectfully dissent to the majority’s opinion because this encounter between Richards and Officer Whitfield quickly escalated to an unlawful second-tier seizure. When the armed backup officers arrived with weapons in full view, Officer Whitfield lacked a reasonable articulable suspicion which is required for a second-tier detention. Moreover, contrary to the majority’s opinion, it is not necessary for this Court to remand this case to the trial court to consider whether Richards voluntarily consented because the trial court has already found that any consent given was in fact tainted by…