State v. Edwards

I agree with the majority’s analysis in Part I of the unpublished memorandum in which the majority holds that the State failed to meet its burden to establish that the initial patdown search fell within the exception to the warrant requirement of the Fourth Amendment established in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Because the State failed to meet its burden of establishing that the initial search was constitutional, the remainder of the majority’s analysis is unnecessary. More importantly, I believe, contrary to the majority decision, that had *54the initial…