State v. Hansen

OPINION

JACOBSON, Judge.

The decisive issue in this appeal is whether the police officer who observed appellant sitting next to another person who was smoking marijuana on a public park bench had probable cause to arrest and search appellant. We hold that he did not, and we accordingly reverse appellant’s conviction for possession of marijuana subsequently found upon his person.

The events in question took place at about 9:45 p. m. on June 3, 1976, in Reed Park, a public park in Mesa. Officer Chavez of the Mesa Police Department, working as an undercover narcotics agent, was patrolling the area.…