Legal Opinion · Dissent

State v. Heapy

Hawaii Supreme Court

Decided January 11, 2007No. 27375Published

1Dissent

Dissenting Opinion by

MOON, C.J.

I disagree with the plurality’s conclusion that the District Court of the Second Circuit erred in determining that the arresting police officer had reasonable suspicion to effect an investigatory stop based on the police officer’s belief that defendant-appellant Raymond J. Heapy was intentionally avoiding an *306intoxication checkpoint to evade arrest or detection. The plurality’s conclusion essentially creates a bright-line rule that, (1) notwithstanding the reasonable inferences drawn from a totality of circumstances, coupled with their training and experience,…

2Cases cited32 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. ArvizuSupreme Court of the United States · 2002
  4. State v. FerreiraIdaho Court of Appeals · 1999
  5. State v. LopezUtah Supreme Court · 1994

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