context: At this point, based upon the deputy's prior observation of Spangler's traffic infractions, coupled with his detecting the odor of alcohol, the deputy had a reasonable, articulable suspicion that Spangler might be intoxicated as well. Thus, under Terry, the deputy had the legal authority to fully detain Spangler for an investigatory stop. When Spangler ignored the deputy's requests to stop, Manthei instructs that the deputy could then legally enter the open garage to complete the Terry detention of Spangler. To permit Spangler to retreat into his business at this point, when he knew he was being detained and was not free to go, would defeat the very purpose of a Terry stop..
citation_a.signal: see also
citation_a.identifier: 839 P.2d 1237, 1241
citation_a.parenthetical: "In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business."
citation_a.sentence: See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home).
citation_b.signal: cf.
citation_b.parenthetical: where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home
citation_b.sentence: See Manthei, 939 P.2d at 559; see also State v. Zubizareta, 122 Idaho 823, 827, 839 P.2d 1237, 1241 (Ct.App.1992) (“In a Terry stop, the officer communicates to the detainee, either orally or through a show of force or authority, that he is not free to go about his business.”); cf. State v. Wren, 115 Idaho 618, 768 P.2d 1351 (Ct.App.1989) (where defendant who was previously on open porch and then pursued into his house, the court notes that the critical question is whether the officers attempted to arrest or detain defendant on the porch prior to his entry into the home).