State v. Carter , 232 Neb. 666 ( 1989 )

Boslaugh, J.,

dissenting.

The facts in this case are nearly identical to the facts in State v. Kavanaugh, 230 Neb. 889, 434 N.W.2d 36 (1989).

After midnight, the defendant was stopped when he was observed leaving a rural area where a number of businesses were located, all of which were closed, and where a number of burglaries had occurred.

As the New Jersey court said in State v. Davis, 104 N. J. 490, 504, 517 A.2d 859, 866-67 (1986), the police would be derelict in their duties if they did not investigate circumstances which to an experienced police officer indicate that “ ‘something amiss might be taking place or is about to take place.’...”

Hastings, C. J., joins in this dissent.