Legal Opinion · Dissent

State of Arizona v. Patricia A. Barnes

Court of Appeals of Arizona

Decided June 20, 2007No. 2 CA-CR 2006-0191Published

1DissentEspinosa, Judge

¶ 16 Because the officers reasonably suspected Barnes was concealing contraband; conducted a lawful strip search incident to her arrest, see United States v. Brack, 188 F.3d 748, 758-59 (7th Cir.1999), State v. Magness, 115 Ariz. 317, 321, 565 P.2d 194, 198 (App.1977); and, without any inspection or intrusion into a body cavity,8 seized evi-*284denee in plain view that they were lawfully situated to observe, see Minnesota v. Dickerson, 508 U.S. 366, 374-75, 113 S.Ct. 2130, 2136-37, 124 L.Ed.2d 334 (1993), I would find no constitutional violation occurred and that the trial court erred in…

2Cases cited22 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. RossSupreme Court of the United States · 1982
  4. New York v. BeltonSupreme Court of the United States · 1981
  5. Minnesota v. DickersonSupreme Court of the United States · 1993

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