Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Primous

Supreme Court of Arizona

May 23, 2017

State of Arizona, Appellee,
v.
Anthony Benard Primous, Appellant.

         Appeal from the Superior Court in Maricopa County The Honorable Pamela S. Gates, Judge No. CR2012-005697

         Opinion of the Court of Appeals, Division One 239 Ariz. 394, 372 P.3d 338 (App. 2015)

          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. [*]

          OPINION

          BOLICK JUSTICE.

         ¶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 of the circumstances, we hold that the police here did not have an individualized reasonable suspicion sufficient to justify the pat-down search of Anthony Benard Primous; therefore, the trial court erred in denying his motion to suppress evidence found in the search.

         I. BACKGROUND

         ¶2 One February morning, five Phoenix police officers went to an apartment complex in a high-crime neighborhood. They were looking for a suspect with an outstanding warrant who they believed carried and sold weapons.

         ¶3 Officers Ohland and Casillas approached four men who were talking outside the apartment complex, which had external surveillance cameras. Two were standing and two were seated, including Primous, who held an infant on his lap. None of the men were the suspect.

         ¶4 Ohland and Casillas identified themselves as police officers and asked the men how they were doing. Both officers thought one of the men appeared nervous. When that person noticed three other officers approaching, he ran and was chased by those officers. The other men remained and made no sudden moves. Primous remained seated with the infant on his lap. He did not appear nervous or to have a weapon.

         ¶5 Ohland and Casillas announced they were going to pat down the men for weapons. Before the frisk commenced, one of the men handed Ohland a baggie of marijuana. Ohland then patted down all three men. The search revealed no weapons, but Ohland felt an object in Primous's pocket, which turned out to also be a baggie of marijuana.

         ¶6 Primous was charged with misdemeanor marijuana possession. He moved to suppress the marijuana as the product of an unlawful search. After an evidentiary hearing, the trial court concluded the "officers had a reasonable suspicion that criminal activity may be afoot" and "appropriately decided to perform a pat-down search for officer safety." Assessing the "totality of the circumstances, " the court noted "the conduct of the one individual who ran, coupled with the reason for [the officers'] encounter with the group, the dangerousness of the area, the number of individuals remaining compared to the number of officers, and the cameras." Based on those ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.