What is a Frisk? A frisk in the context of a law enforcement search is also known as a pat-down. It is less intrusive than a full body search. The purpose of a frisk is to ensure an officer’s safety by confirming that a suspect encountered by police is not armed…
Articles Posted in Search and Seizure Laws
Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case
Voluntariness VS. Submission to Lawful Assertion by AuthorityIn the recent ruling the Arizona Supreme Court considered a Fourth Amendment issue and Arizona’s implied consent law in DUI case. The cases centered around two primary issues. The first was whether or not consent to a warrantless search to conduct DUI breath and blood tests were voluntary, after suspect…
Warrantless Searches for Probationers in Arizona
Arizona Court of Appeals: A search subject to probation terms significantly diminishes privacy rightsIf you are placed on probation for a drug crime in Arizona, you have a reduced expectation of privacy than you had before. This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search…
Violations of “Search and Seizure” Laws: How they Impact Prosecution
Drivers with Marijuana in their vehicle, who consent to search may be easier to prosecute than those who expressly refuse. Most people understand that they have a Fourth Amendment right under the United States Constitution to be free from unlawful searches and seizures. They may know that the police must…