Articles Posted in 4th amendment rights

Arizona Supreme Court decisions have potential to influence future case decisions when similar questions for the court arise. The Court held that a person can be frisked if the officer has a reasonable belief that a person is armed with a concealed weapon and is dangerous; and if they have reasonable suspicion that the suspect is the process, or about to commit a crime.
This is consistent with prior federal and state court decisions. However, in this case the focus was on the question what circumstances give rise to reasonable suspicion. The court emphasized that police are not justified in frisking someone just because they happen to be in a high-crime area at the time of an encounter. In addition to the case overview, this article answers basics questions about laws and rights involving a police pat-down search or frisk.
The Court also clarified that a frisk of someone, is not justified if it is done because of something someone else did, as long as the person with whom they are conversing has not given them reason to believe they themselves are breaking the law.

The US Supreme Court determined that even though the stop was unlawful, the drug evidence could be admitted and used against him obtain a drug conviction. In this article we will outline the US Supreme Court decision; featured topics related to 4th amendment rights; how resolving an arrest warrant will help to preserve your rights; Questions and answers about arrest warrants

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This allows police to make a…

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample collection. All states and the…

The Verdict could have national impact on when law enforcement can collect DNA evidence from suspects. On November 9, 2012, the United States Supreme Court agreed to hear a criminal DNA testing case, Maryland v. King (12-207), which could result in nation-wide impacts. The defendant’s DNA samples were collected immediately following his arrest. He was…