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· 8/7/2014

State of Arizona v. Johnathon Bernard Serna

Citations

  • 235 Ariz. 270
  • 331 P.3d 405
  • 692 Ariz. Adv. Rep. 14
  • 2014 WL 3867551
  • 2014 Ariz. LEXIS 140

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a frisk is only permissible if officers reasonably suspect both that criminal activity is afoot and that the suspect is armed and dangerous
  • holding that, absent consent, a frisk of a suspect’s person is permissible only if the officer “reasonably sus- peet[s] both that criminal activity is afoot and that the suspect is armed and dangerous”
  • holding an initial encounter in which two officers called to the defendant from their patrol car and the defendant voluntarily answered questions consensual
  • “[P]olice interactions with members of the public are inherently fluid, and what begins as a consensual encounter can evolve into a seizure that prompts Fourth Amendment scrutiny.”
  • “In a state . . . that freely permits citizens to carry weapons, both visible and concealed, the mere presence of a gun cannot provide reasonable and articulable suspicion that the gun carrier is presently dangerous.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bales, Berch, Pelander

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.