State v. Flores

Brown, A.C.J.

¶34 (concurring in result) — First, Mr. Flores’ case was decided by the trial court applying solely the investigative stop principles of Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). While fact-finding, the judge unsuccessfully searched the record for “articulable circumstances indicating the particular person in the arrestee’s company poses a threat to officer safety to justify that person’s detention and frisk.” Clerk’s Papers (CP) at 56. The judge did not find facts justifying Mr. Flores’ continued detention and search after Mr. Powell’s arrest. The judge…