STATE v. PRIMOUS

No. CR-16-0205-PR.

394 P.3d 646 (2017)

STATE of Arizona, Appellee, v. Anthony Benard PRIMOUS, Appellant.

Supreme Court of Arizona.

Filed May 23, 2017.


Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Robert A. Walsh (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Maricopa County Public Defender's Office, Carlos Daniel Carrion (argued), Deputy Public Defender, Phoenix, Attorneys for Anthony Benard Primous

David J. Euchner , Pima County Public Defender's Office, Tucson, Josephine Bidwill , The Bidwell Law Firm, PLLC, Phoenix, Kathleen E. Brody (argued), American Civil Liberties Union Foundation of Arizona, Phoenix, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice and American Civil Liberties Union Foundation of Arizona

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL and BERCH (RETIRED), and JUDGES MILLER and MACKEY joined.


¶ 1 We consider whether police can form a reasonable suspicion that an individual is engaged in criminal activity and is armed and dangerous, thus justifying a pat-down search, based merely on where they encounter the individual (e.g., a "high-crime neighborhood") and a companion's flight. Viewing the totality...

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