Arizona Supreme Court

State of Arizona, Appellee v. Anthony Benard Primous, Appellant

May 23, 2017242 Ariz. 221

Summary

The court held that police lacked individualized reasonable suspicion to frisk Primous, who was cooperative, remained seated with an infant, and displayed no conduct suggesting criminal activity or that he was armed and dangerous. A high-crime neighborhood and the flight of a companion, without more, did not justify searching Primous. The court vacated the court of appeals' opinion and reversed Primous's conviction and probationary term because the marijuana was obtained through the unlawful frisk.