New Mexico Court of Appeals June 6, 2002, 21,715 (State v. Vandenberg)

PICKARD, Judge

(dissenting).

{30} The majority opinion holds that the factors articulated by Officer Roberts for believing that a pat-down was required for his safety amount to simple nervousness, which is insufficient justification for a pat-down. Although there is much in the majority opinion with which I agree, I must respectfully dissent from this ultimate conclusion.