I co-authored an amicus brief submitted on behalf of Arizona Attorneys for Criminal Justice and the ACLU in a case in which the Arizona Supreme Court issued its opinion today. The Supreme Court reversed the Court of Appeals and vacated the conviction and sentence of the Petitioner, Anthony Bernard Primous. Mr. Primous, a black male, had been convicted of drug possession after being frisk-searched sitting outside of an apartment. The amicus brief argued that the opinion from the Court of Appeals permitted discrimination against ethnic and racial minorities by allowing police to conduct a frisk search of a person without reasonable suspicion that the person was engaged in criminal activity. The Arizona Supreme Court held that officers cannot frisk someone solely based on such environmental factors over which the person has no control, including presence in a "dangerous neighborhood" and proximity to others suspected of criminal activity.
Click here for the case summary prepared by the Arizona Supreme Court.
Click here to read the amicus brief.
Click here to read the Arizona Supreme Court opinion.