(dissenting).
When Deputy Holland stopped appellant Michael Knapp, he knew that Knapp (a) had been sleeping in the back seat of a car with its engine running, at 6:00 a.m., in the parking lot of an on-sale liquor store, (b) drove from the parking lot in spite of a police order that he had to find a way home without driving, (c) chose to drive in the immediate presence of the two deputies, who had parked across an alleyway from the liquor store parking lot, and (d) failed a preliminary breath test administered by Deputy Lang.
Whether or not the state proved good cause for the preliminary test, the circumstances demonstrate, using an objective standard as to the perspective of Deputy Holland, that he had abundant specific and articulable suspicion that Knapp was driving unlawfully. The trial court should be affirmed.
The courts are to employ an objective standard to examine Deputy Holland’s cause to stop appellant. State v. Claussen, 353 N.W.2d 688, 690 (Minn.App.1984). Thus, a Terry stop is examined on the basis of all of the facts available to the officer at the time the stop occurred. Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968). In such an examination, it is evident that Holland’s suspicions of appellant’s drinking-while-driving offense were articulable, because of appellant’s suspicious circumstances in the parking lot and his foolhardy choice of conduct in driving away while still being visible to an officer who had told him not to. In addition, he could be stopped because of Holland’s knowledge that Knapp failed to obey a police order, the lawful nature of which has not been challenged by appellant in these proceedings. See Minn.Stat. § 609.50 (1998) (resisting peace officer in performance of official duties).
*243Because the testimony of Deputy Holland was sufficient to establish lawful cause to stop appellant — the propriety of the preliminary test is not determinative— I respectfully dissent.