Gastelum v. Hegyi

OPINION

SWANN, Judge:

¶ 1 In State v. Sema, 235 Ariz. 270, 331 P.3d 405 (2014), the supreme court established a new rule limiting some Terry stops to those occasions when officers reasonably suspect that criminal activity is afoot and that an individual is armed and dangerous. This special action arises out of the superior court’s order denying Humberto Gastelum’s motion to suppress contraband discovered during a Terry frisk. Gastelum contends that because police did not have reason to believe he was both armed and dangerous, they did not have legal grounds to frisk him. We hold that the Serna…