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STATE v. JOHNSON

No. 2 CA-CR 2006-0079.

207 P.3d 804 (2009)

The STATE of Arizona, Appellee, v. Lemon Montrea JOHNSON, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

May 21, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani and Joseph L. Parkhurst, Tucson, Attorneys for Appellee.

Robert J. Hirsh, Pima County Public Defender By M. Edith Cunningham, Tucson, Attorneys for Appellant.

OPINION

BRAMMER, Judge.

¶ 1 In State v. Johnson, 217 Ariz. 58, ¶ 27, 170 P.3d 667, 673 (App.2007) (Johnson I), we determined a police officer's pat-down search of appellee Lemon Johnson violated the Fourth Amendment. We reasoned the search was improper because the initially lawful seizure of passenger Johnson "incident to a traffic stop of the driver [had] evolved into a separate, consensual...

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