Parkhurst v. State

ROSE, Chief Justice,

specially concurring.

I concur in the results reached by the majority but do so according to the following reasoning and under the authorities cited herein.

The facts necessary to my decision are these:

In connection with a murder investigation, Officer Hineman stopped the Park-hursts’ car by the roadside. Officer Dek-mar arrived immediately, drew his pistol, and aimed it at the Parkhursts. Hineman ordered the two subjects out of their car and to the front of it, where he questioned them concerning their recent whereabouts. Dekmar holstered his gun and walked over to the car…