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STATE v. FISHER

No. CR-10-0315-PR.

250 P.3d 1192 (2011)

STATE of Arizona, Appellee, v. Laquinn Anthony FISHER, Appellant.

Supreme Court of Arizona, En Banc.

May 19, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, Joseph T. Maziarz , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas , Maricopa County Public Defender, By Margaret M. Green , Deputy Public Defender, Phoenix, Attorneys for Laquinn Anthony Fisher.

OPINION

BRUTINEL, Justice.

¶ 1 The question presented is whether police officers lawfully conducted a protective sweep of a suspect's apartment when he and other occupants were detained outside. We find the protective sweep violated the Fourth Amendment under the circumstances of this case.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 In May 2006, Mesa police responded to a call alleging an aggravated assault. The victim, who was bleeding...

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