Arizona high court to rule on frisking detainee’s associates

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.

ARTICLE SOURCE: http://ktar.com/story/1390582/arizona-high-court-rule-frisking-detainees-associates/