What are Your Rights in an Arizona Frisk Search?
In Arizona frisk search is not something that will occur routinely. A police officer can’t just stop an individual and get started with such a body search. Various regulations have to be followed and there needs to be a reason for weapon frisking to occur.
Know Your Constitutional Rights
Under the Fourth Amendment of the US Constitution, citizens are protected against unreasonable searches and seizures.
Officers have the right to engage with individuals on the street but they can’t carry out a frisk search, even if the person that they’re talking to is carrying a weapon. A police officer can ask an individual whether they’re carrying a gun but that’s as far as it can go.
Pat-downs are typically utilized to ensure the safety of the police officer. Thus, if there’s no immediate danger, an Arizona officer doesn’t have the right to do this kind of body search on a person.
When can a Pad-Down Occur Legally?
National regulations, as well as rulings by Arizona courts suggest that several conditions have to be met for a frisk to be determined legal.
Legal frisking can occur whenever the police have reasonable suspicion about a person being engaged in criminal activity and they also have reasonable suspicion that the person may be armed and dangerous.
Reasonable suspicion is a bit of an ambiguous term. Still, it refers to an opinion that is based on facts and eventually – on evidence.
Courts often find it difficult to determine whether a pat-down is constitutional. In order to make the decision, they have to examine all of the circumstances surrounding the interrogation/arrest.
Can You Refuse a Pat-Down?
This is probably the most important question to address in this article. As an Arizona resident or visitor, do you have the right to refuse a frisk by a police officer?
Legally, you do not have the right to refuse a frisk but there are situations in which a citizen can voice their lack of consent. It’s usually best to cooperate with a police officer. The wisest approach would be to tell the officer that you’re not armed and that you do not consent with a search.
In Arizona frisk search, a police officer is entitled to stopping you and interrogating you, especially if a violation has occurred. As already mentioned, however, this doesn’t give police representatives the right to carry out a body search.
One thing to remember is that an officer believes you may be armed, they may respond with force to hostile behavior on your behalf. It would be best to cooperate instead of running away. Later on, an experienced attorney will be capable of proving that a frisk was illegal.
Arizona v. Johnson and its Implications
Here’s an interesting case pertaining to situations in which police officers in Arizona may be given the right to carry out a pat-down.
Arizona v. Johnson is a 2009 court case in which a unanimous decision was reached about the right of police officers to carry out a frisk after the lawful stopping of a vehicle for a minor traffic violation.
Police officers were patrolling in a region associated with the activities of Crips street gang. They stopped a car with a suspended registration. The passenger sitting on the back seat, Lemon Montrea Johnson, was carrying a blue bandana considered a sign of Crips members. The man admitted that he had previously served a prison sentence.
Johnson was asked to exit the vehicle and since police officers believed him to be armed and dangerous, a pat-down occurred. A gun was found, which contributed to Johnson’s arrest.
Trial court denied a motion by Johnson to dismiss. Later on, the Arizona Court of Appeals ruled out that the encounter between Johnson and police officers was consensual because the officers wanted to gather information about the gang. Eventually, the Arizona Supreme Court concluded that police may stop an automobile because of a minor traffic violation and a frisk may be conducted whenever any of the passengers are believed to be armed and dangerous. In Arizona frisk search, it is best to co-operate and contact experienced defense lawyers.