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STATE v. SERNA

No. CR-13-0306-PR.

331 P.3d 405 (2014)

STATE of Arizona, Appellee, v. Johnathon Bernard SERNA, Appellant.

Supreme Court of Arizona.

August 7, 2014.

Attorney(s) appearing for the Case

Maricopa County Public Defender, Mikel Steinfeld (argued), Deputy Public Defender, Phoenix, for Johnathon Bernard Serna.

Thomas C. Horne, Arizona Attorney General; Robert L. Ellman, Solicitor General; Joseph T. Maziarz (argued), Chief Counsel, Criminal Appeals Section, Phoenix, for State of Arizona.

Justice BERCH authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, Justice BRUTINEL, and Justice TIMMER joined.

Justice BERCH, opinion of the Court.

¶ 1 We granted review to determine whether, during an initially consensual encounter, an officer may frisk an armed individual absent reasonable suspicion that the person was engaged or was about to engage in criminal activity. We hold that an officer must have reasonable suspicion that criminal activity is afoot before frisking the individual.

I. BACKGROUND

¶ 2 At approximately 10:00 at night, two officers...

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