Legal Opinion
State v. Johnson
Court of Appeals of Arizona
Decided May 21, 2009No. 2 CA-CR 2006-0079PublishedCited by 3 opinions
1Opinion of the Court
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 Anendment. 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 encounter.” We so reasoned because Johnson would have felt free to remain in the vehicle rather than get out to continue his conversation with the officer, and her questioning of him was unrelated to the…
2Cases cited40 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Segura v. United StatesSupreme Court of the United States · 1984
- Maryland v. WilsonSupreme Court of the United States · 1997
- Arizona v. JohnsonSupreme Court of the United States · 2009
- Muehler v. MenaSupreme Court of the United States · 2005
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3Cited by3 opinions
- State of Arizona v. Nicholas Olaf Kjolsrud, Loni Kay KambitschCourt of Appeals of Arizona · 2016
- State v. MacIelCourt of Appeals of Arizona · 2015
- State v. MacIelCourt of Appeals of Arizona · 2015