State of Arizona v. Johnathon Bernard Serna

Justice BERCH, opinion of the Court.

¶ 1 We granted review to determine whether, during an initially consensual encounter, an officer may frisk an armed individual absent reasonable suspicion that the person was engaged or was about to engage in criminal activity. We hold that an officer must have reasonable suspicion that criminal activity is afoot before frisking the individual.

I. BACKGROUND

¶2 At approximately 10:00 at night, two officers patrolling a “gang neighborhood” in Phoenix observed Johnathon Serna and a woman standing in the middle of the street. As they turned their patrol ear…