State v. Handspike

Deen, Presiding Judge.

The state offers two theories, concededly contradictory, to uphold the validity of this search and seizure: one, that the search and seizure is valid under the Terry v. Ohio "stop and frisk” rationale; two, that the appellee was under lawful arrest and the search and seizure was a valid incident thereof.

1. The facts of this case justify the officer’s approach of a car, dangerously parked at night on a one-way street marked with "No Parking” signs. The policeman’s testimony was that his initial interest in the vehicle was its location rather than the activity which might…