State v. Askerooth

Although I concur in the result the court reaches today, I disagree with the majority’s reasoning with respect to the temporary detention of the traffic violator in this case. Inasmuch as our criminal rules place strict limitations on custodial arrests for minor crimes, I see no principled basis for resort to our state constitution to make a break from the Atwater majority. The criminal rules require a reasonable and proportional response to the circumstances of the offense; and we have long held that a temporary detention in a squad car is not a de facto arrest. In my view, the placement of…