Arizona high court to rule on frisking detainee’s associates
Dec 14, 2016, 9:33 AM
PHOENIX — The Arizona Supreme Court said it will review whether police should be allowed to frisk associates of someone taken into custody.
The justices agreed Tuesday to review a Court of Appeals decision that police can’t routinely frisk a lawfully detained person’s companions.
But the appeals court’s decision also said police who could be in danger can conclude that frisking anyone in the company of a detainee was a reasonable precaution, depending on the situation.
Circumstances can include the environment and how many officers were at the scene.
The case stemmed from a marijuana-possession conviction. The man’s defense lawyer argued the conviction was based on an unlawful search that violated his client’s Fourth Amendment privacy rights.
Lower courts upheld the conviction.
The Associated Press contributed to this report.
