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Unanimous AZ Supreme Court: No Stop and Frisk for Being Armed

2nd Amend.

Unanimous AZ Supreme Court: No Stop and Frisk for Being Armed

Police cannot frisk someone they stop and question absent some “reasonable suspicion that criminal activity is afoot,” the Arizona Supreme Court ruled Thursday.

In a case that brought shock-waves to the judicial establishment, an Arizona appeals court ruled that an officer could stop and disarm someone merely because they were armed.

Now the Arizona Supreme Court has reversed that ruling in a unanimous decision. From azcapitoltimes.com:

Police cannot frisk someone they stop and question absent some “reasonable suspicion that criminal activity is afoot,” the Arizona Supreme Court ruled Thursday.

While this ruling applies only to Arizona,it was the United States Constitution and the fourth amendment that was cited, not the Arizona Constitution. In a related event in Wisconsin, an open carry activist was instrumental in the repeal of a county ordinance which did not comply with state law. The activist, William Polster, was legally carrying in a county park. The local ordinance, which was clearly invalid by state law, was given as the reason for a deputy pointing a loaded rifle at Polster. Polster recorded the entire event, and the county board said that they would repeal the ordinance and cease enforcement the next day.

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