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.