State v. Heminover

LAVORATO, Chief Justice.

This appeal presents the question of whether the State is bound by the reasons an officer gives to justify a stop under Tern/ v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The court of appeals thought so and reversed a district court ruling that overruled defendant’s Fourth Amendment motion to suppress in which the district court concluded that reasons other than those given by the stopping officer justified his stop of defendant’s vehicle. On further review, we conclude that (1) in justifying a Terry investigatory stop, the State is not bound by the…