State v. Guy

HEFFERNAN, CHIEF JUSTICE

(dissenting). I dissent from the majority opinion upholding Officer Zarse's frisk of Guy absent a particularized suspicion that Guy was armed and posed a danger to the police. The majority justifies its relaxed reading of the fourth amendment on the high incidence of drug related violence. While fully mindful of the enormity of the drug related problem that confronts this country's police officers, I nonetheless disagree with the majority's utter disregard for the state and federal constitutions' prohibition of unjustified governmental intrusions upon the rights of…