372 P.3d 338
Ariz. Ct. App.2016Background
- On Feb. 8, 2012, plainclothes officers went to a high-crime Phoenix apartment complex seeking a person with a felony warrant who reportedly carried weapons and sold drugs.
- Officers approached a group of four men outside an apartment; Primous was seated holding a child and matched no warrant description.
- One companion fled when additional officers arrived; another companion was found with a small baggie of marijuana.
- Officer Ohland patted down the remaining men for weapons, felt an object in Primous’s pocket, and removed a baggie of marijuana.
- Primous was charged with misdemeanor possession and moved to suppress the marijuana; the superior court denied suppression and convicted him after a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers may as a matter of course frisk a lawfully detained person’s companions | State: companion’s flight and nearby drug possession justified frisk for officer safety | Primous: he was passive, not suspected of wrongdoing, so frisk lacked reasonable suspicion | Court: rejected per se frisk rule for companions but held frisk justified on totality (dangerous area, flight, nearby contraband, outnumbering, cameras) |
| Whether the seizure of the marijuana was lawful under the plain-feel doctrine | State: object’s feel made identity apparent during lawful frisk, so seizure lawful | Primous: seizure exceeded a weapons frisk and violated Fourth Amendment | Held: seizure lawful under Minnesota v. Dickerson because identity of contraband was immediately apparent during lawful pat-down |
Key Cases Cited
- Arizona v. Johnson, 555 U.S. 323 (2009) (Terry principles apply to passenger frisks during lawful stops)
- Terry v. Ohio, 392 U.S. 1 (1968) (established stop-and-frisk standard requiring reasonable suspicion of danger)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (mere proximity to suspects does not alone justify a search)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (unprovoked flight in high-crime area is relevant to reasonable suspicion)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-feel doctrine allows seizure of contraband discovered during lawful frisk)
- State v. Gilstrap, 235 Ariz. 296 (2014) (standard of review for suppression rulings)
- State v. Clevidence, 153 Ariz. 295 (App. 1987) (prior dictum on limited searches of companions; court here disavows a per se rule)