State v. Dickey

The opinion of the court was delivered by

O’HERN, J.

The question in this appeal is whether the investigative detention of motorists following a traffic stop was sufficiently limited in scope and duration to remain within the bounds authorized by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) and United States v. Sharpe, 470 U.S. 675, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985). We find, in the circumstances of this case, that the duration of the detention and the degree of intrusion upon Fourth Amendment interests exceeded permitted bounds. The evidence that resulted from the…