Terry stop (Arizona) · Go Syfert
← Arizona issues

Terry stop in Arizona

59 Arizona opinions name it 2 courts 1985–2024 4 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (66)

CaseFollowedCited
Terry v. Ohiogreen
scotus · 1968 · cited in 18 Arizona opinions naming this issue, 1987–2020
2 sentences

2020See Teagle, 217 Ariz. at 24-25, ¶¶ 27-29 . ¶21 A routine traffic stop is “more analogous to a so-called ‘Terry stop’ . . . than to a formal arrest.” See Berkemer v. McCarty, 468 U.S. 420, 439 (1984) (citing Terry v. Ohio, 392 U.S. 1 (1968)).

2018Whether the officers' initial contact was an unconstitutional Terry stop. ¶16 Last, Garcia argues that the superior court erred by denying his motion to suppress and finding the officers' initial contact with him was not an illegal investigatory stop under Terry v. Ohio, 392 U.S. 1 (1968).

618
United States v. Hensleygreen
scotus · 1985 · cited in 6 Arizona opinions naming this issue, 1985–2024
2 sentences

2024Foster’s suggestion that a Terry stop is permissible only to investigate current or ongoing criminal activity is contrary to the United States Supreme Court’s holding that “if police have a reasonable suspicion, grounded in specific and articulable 21 STATE v. FOSTER Opinion of the Court facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion.” United States v. Hensley, 469 U.S. 221, 229 (1985) (emphasis added). ¶75 In State v. Winegar, the defendant argued that her murder conviction res

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

56
State v. Winegargreen
ariz · 1985 · cited in 8 Arizona opinions naming this issue, 1987–2024
2 sentences

2024Foster’s suggestion that a Terry stop is permissible only to investigate current or ongoing criminal activity is contrary to the United States Supreme Court’s holding that “if police have a reasonable suspicion, grounded in specific and articulable 21 STATE v. FOSTER Opinion of the Court facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion.” United States v. Hensley, 469 U.S. 221, 229 (1985) (emphasis added). ¶75 In State v. Winegar, the defendant argued that her murder conviction res

2024Winegar, 147 Ariz. at 446 ; see also State v. Dixon, 153 Ariz. 151, 152-53 (1987) (holding that a police officer conducted “a reasonable investigatory stop” when, upon seeing a hitchhiker who fit the description of the suspect in a recent sexual assault, the officer stopped and talked to him before arresting him). ¶77 In Winegar, the court held that after the initially valid Terry stop, the officers impermissibly expanded the detention into a de facto arrest when they required the defendant to accompany them across the street to a municipal building for further questioning. 147 Ariz. at 446 .

48
United States v. Sharpegreen
scotus · 1985 · cited in 7 Arizona opinions naming this issue, 2007–2021
2 sentences

2021United States v. Sharpe, 470 U.S. 675, 686 (1985) (noting United States v. Place, 462 U.S. 696 (1983) “expressly rejected the suggestion that we adopt a hard-and-fast time limit for a permissible Terry stop.”).

2021The superior court’s reasonableness determinations, turning as they did on an assessment of witness credibility and weighing evidence, are supported by the evidence presented at the evidentiary hearing. ¶21 Citing United States v. Sharpe, the State correctly asserts that “[t]here is no hard and fast limit for gauging the reasonableness of length of the detention.” 470 U.S. 675, 686 (1985) (noting United States v. Place, 462 U.S. 696 (1983) “expressly rejected the suggestion that we adopt a hard-and- fast time limit for a permissible Terry stop”).

47
Florida v. Royergreen
scotus · 1983 · cited in 5 Arizona opinions naming this issue, 1996–2012
2 sentences

2012Although “[t]here is no bright line that distinguishes a valid Terry stop” from a de facto arrest, “Terry stops must be tailored to fit the exigencies of particular situations.” United States v. Pontoo, 666 F.3d 20, 30 (1st Cir.2011). “[W]hether the scope of an investigatory stop is reasonable demands careful consideration of the totality of the circumstances.” † Id. “[A]n investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.” Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983) (plurality opinion). ¶ 15 Un

2012Although “[t]here is no bright line that distinguishes a valid Terry stop” from a de facto arrest, “Terry stops must be tailored to fit the exigencies of particular situations.” United States v. Pontoo, 666 F.3d 20, 30 (1st Cir.2011). “[W]hether the scope of an investigatory stop is reasonable demands careful consideration of the totality of the circumstances.” † Id. “[A]n investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.” Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983) (plurality opinion). ¶ 15 Un

35
State v. Blackmoregreen
ariz · 1996 · cited in 4 Arizona opinions naming this issue, 1996–2014
2 sentences

2012Although the use of handcuffs does not automatically transform a Terry stop into an arrest, see Blackmore, 186 Ariz. at 633-34 , 925 P.2d at 1350-51 , their continued use when no ongoing threat exists suggests the detainee is under arrest.

2012Although the use of handcuffs does not automatically transform a Terry stop into an arrest, see Blackmore, 186 Ariz. at 633-34 , 925 P.2d at 1350-51 , their continued use when no ongoing threat exists suggests the detainee is under arrest.

34
Rodriguez v. United Statesgreen
scotus · 2015 · cited in 3 Arizona opinions naming this issue, 2018–2021
2 sentences

2021“Like a Terry stop, the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission’—to address the traffic violation that warranted the stop, and attend to related safety concerns.” Rodriguez v. United States, 575 U.S. 348, 354 (2015).

2018There is no rigid time limit for an investigative stop—“the appropriate inquiry is whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant.” Id. (quoting United States v. Sharpe, 470 U.S. 675, 686 (1985); see also Rodriguez v. United States, 135 S. Ct. 1609, 1614 (2015) (stating a Terry stop’s length “is determined by the seizure’s ‘mission,’ which is to address the . . . violation that warranted the stop.”). ¶14 Sufficient evidence supports the conclusion that Briss

33
Brown v. Texasgreen
scotus · 1979 · cited in 3 Arizona opinions naming this issue, 1995–2000
2 sentences

2000See Brown v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979). ¶ 7 Police may, however, approach and question people without impheating the Fourth Amendment, provided that the interaction is consensual.

2000See Brown v. Texas, 443 U.S. 47 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979). ¶ 7 Police may, however, approach and question people without impheating the Fourth Amendment, provided that the interaction is consensual.

33
State v. Rogersgreen
ariz · 1996 · cited in 4 Arizona opinions naming this issue, 1996–2016
2 sentences

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

24
Dunaway v. New Yorkgreen
scotus · 1979 · cited in 4 Arizona opinions naming this issue, 1996–2005
2 sentences

2005Moreover, Ilono was not only wearing gang colors and loose-fitting clothes within which a gun could be easily hidden from view, he was also associating with E. ¶ 11 Assuming, without deciding, that those circumstances gave the officers reasonable grounds to believe Ilono was then armed and dangerous, but see Ybarra v. Illinois, 444 U.S. 85, 94 , 100 S.Ct. 338, 343 , 62 L.Ed.2d 238, 247 (1979) (“The ‘narrow scope’ of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked____”) (emphasis added), quoting Dunaway v.

2005Moreover, Ilono was not only wearing gang colors and loose-fitting clothes within which a gun could be easily hidden from view, he was also associating with E. ¶ 11 Assuming, without deciding, that those circumstances gave the officers reasonable grounds to believe Ilono was then armed and dangerous, but see Ybarra v. Illinois, 444 U.S. 85, 94 , 100 S.Ct. 338, 343 , 62 L.Ed.2d 238, 247 (1979) (“The ‘narrow scope’ of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked____”) (emphasis added), quoting Dunaway v.

24
Berkemer v. McCartygreen
scotus · 1984 · cited in 3 Arizona opinions naming this issue, 1986–2020
2 sentences

2020See Teagle, 217 Ariz. at 24-25, ¶¶ 27-29 . ¶21 A routine traffic stop is “more analogous to a so-called ‘Terry stop’ . . . than to a formal arrest.” See Berkemer v. McCarty, 468 U.S. 420, 439 (1984) (citing Terry v. Ohio, 392 U.S. 1 (1968)).

2009Arizona v. Johnson, - U.S. -, 129 S.Ct. 781, 784 , 172 L.Ed.2d 694 (2009) (permitting a traffic stop “when the police officer reasonably suspects” a traffic violation); Berkemer v. McCarty, 468 U.S. 420, 439 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984) (holding that “the usual traffic stop is more analogous to a so-called ‘Terry stop,’ [Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)]” and applying a “reasonable suspicion” standard); United States v. Choudhry, 461 F.3d 1097, 1102 (9th Cir.2006) (analyzing Whren and concluding that “under Whren , so long as Officers Silver and Cha

23
State v. Teaglegreen
arizctapp · 2007 · cited in 3 Arizona opinions naming this issue, 2015–2020
2 sentences

2020See Teagle, 217 Ariz. at 24-25, ¶¶ 27-29 . ¶21 A routine traffic stop is “more analogous to a so-called ‘Terry stop’ . . . than to a formal arrest.” See Berkemer v. McCarty, 468 U.S. 420, 439 (1984) (citing Terry v. Ohio, 392 U.S. 1 (1968)).

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

23
United States v. Mendenhallgreen
scotus · 1980 · cited in 2 Arizona opinions naming this issue, 2013–2016
2 sentences

2016A Terry stop is a seizure under the Fourth Amendment where the officer “restrains [the person’s] freedom to walk away.” Id. at 16 , 88 S.Ct. 1868 ; see also United States v. Mendenhall, 446 U.S. 544, 554 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (person seized if, under totality of circumstances, reasonable person would have believed he was not free to leave).

2016A Terry stop is a seizure under the Fourth Amendment where the officer “restrains [the person’s] freedom to walk away.” Id. at 16 , 88 S.Ct. 1868 ; see also United States v. Mendenhall, 446 U.S. 544, 554 , 100 S.Ct. 1870 , 64 L.Ed.2d 497 (1980) (person seized if, under totality of circumstances, reasonable person would have believed he was not free to leave).

22
Ybarra v. Illinoisgreen
scotus · 1980 · cited in 2 Arizona opinions naming this issue, 2005–2016
2 sentences

2005Moreover, Ilono was not only wearing gang colors and loose-fitting clothes within which a gun could be easily hidden from view, he was also associating with E. ¶ 11 Assuming, without deciding, that those circumstances gave the officers reasonable grounds to believe Ilono was then armed and dangerous, but see Ybarra v. Illinois, 444 U.S. 85, 94 , 100 S.Ct. 338, 343 , 62 L.Ed.2d 238, 247 (1979) (“The ‘narrow scope’ of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked____”) (emphasis added), quoting Dunaway v.

2005Moreover, Ilono was not only wearing gang colors and loose-fitting clothes within which a gun could be easily hidden from view, he was also associating with E. ¶ 11 Assuming, without deciding, that those circumstances gave the officers reasonable grounds to believe Ilono was then armed and dangerous, but see Ybarra v. Illinois, 444 U.S. 85, 94 , 100 S.Ct. 338, 343 , 62 L.Ed.2d 238, 247 (1979) (“The ‘narrow scope’ of the Terry exception does not permit a frisk for weapons on less than reasonable belief or suspicion directed at the person to be frisked____”) (emphasis added), quoting Dunaway v.

22
Gentry v. Seviergreen
ca7 · 2010 · cited in 2 Arizona opinions naming this issue, 2013–2014
2 sentences

2014See State v. Rogers, 186 Ariz. 508, 509-10 , 924 P.2d 1027, 1028-29 (1996) (finding that a reasonable person would not feel free to leave when the officer held out his badge and stated, “police officers, we need to talk to you”); see also Gentry v. Sevier, 597 F.3d 838, 844-45 (7th Cir.2010) (concluding that a Terry stop occurred when the “officer exited the [patrol] ear and told Gentry to ‘keep [his] hands up’ ” (second alteration in original)).

2013Id. at 16 , 88 S.Ct. at 1877 (“It must be recognized that whenever a police officer accosts an individual and restrains his freedom to walk away, he has ‘seized’ that person.”); see also United States v. Mendenhall, 446 U.S. 544, 554 , 100 S.Ct. 1870, 1877 , 64 L.Ed.2d 497 (1980) (examples of circumstances that “might indicate” seizure under Fourth Amendment include “physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.”); Gentry v. Sevier, 597 F.3d 838, 844-45 (7th Cir.2010) (“[wjhen th

22
United States of America v. Clayton Anthony Davisgreen
ca8 · 2000 · cited in 2 Arizona opinions naming this issue, 2013–2014
2 sentences

2014See, e.g., United States v. Ellis, 501 F.3d 958, 962 (8th Cir.2007) (finding “there was reasonable suspicion [of criminal activity] to justify a pat-down search”); United States v. Romain, 393 F.3d 63, 71-72 (1st Cir.2004) (evaluating whether pat-down was appropriate “following a valid Terry stop” and determining that defendant’s behavior “gave rise to a reasonable suspicion ... [of] criminal wrongdoing”); United States v. Davis, 202 F.3d 1060, 1062 (8th Cir.2000) (stating that “[t]o be constitutionally reasonable, a protective frisk must also be based upon reasonable suspicion that criminal a

2013Although a Terry frisk more often than not occurs during a Terry stop, nevertheless, the “two types of seizures are analytically distinct.” United States v. Davis, 202 F.3d 1060, 1062 (8th Cir.2000); United States v. Orman, 486 F.3d 1170, 1174 (9th Cir.2007) (Terry stop- and-frisk “constitutes two independent actions, each requiring separate justifications”) (quoting United States v. Flippin, 924 F.2d 163 , 165 n. 2 (9th Cir.1991)). ¶ 12 The third type of police-citizen encounter is an arrest — a classic seizure under the Fourth Amendment that must be based on probable cause. ¶ 13 We consider

22
In Re Ilono H.green
arizctapp · 2005 · cited in 2 Arizona opinions naming this issue, 2009–2013
2 sentences

2013As recognized by the Supreme Court, although a stop in a “high crime area” is a relevant “contextual consideration” under Terry , a person’s presence in “an area of expected criminal activity, standing alone, is not enough to support a reasonable, partieu- larized suspicion that the person is committing a crime.” Illinois v. Wardlow, 528 U.S. 119, 124 , 120 S.Ct. 673, 676 , 145 L.Ed.2d 570 (2000); see also In re Ilono H., 210 Ariz. at 475, ¶ 6 , 113 P.3d at 698 (mere presence “in the wrong part of town” does not give officers reasonable cause to conduct investigative stop). 16 ¶ 58 Considering

2013Quoting from Justice Harlan’s concurring opinion in Terry , the Ilono H. court explained: “[I]f the frisk is justified in order to protect the officer during an encounter with a citizen, the officer must first have constitutional grounds to insist on an encounter, to make a forcible stop.” Id. at 476, ¶ 11, 113 P.3d at 699 (emphasis omitted) (quoting Terry, 392 U.S. at 32 , 88 S.Ct. at 1885 (Harlan, J., concurring)). ¶36 The majority rejects Ilono H. and, relying on a ease decided by the Ninth Circuit Court of Appeals, United States v. Orman, 486 F.3d 1170 (9th Cir.2007), justifies its rejecti

22
State v. Reffittgreen
ariz · 1985 · cited in 2 Arizona opinions naming this issue, 2012–2012
22
United States v. Juan Manuel Bautista, United States of America v. Javier Cabrera-Martinezgreen
ca9 · 1982 · cited in 2 Arizona opinions naming this issue, 1987–2012
22
United States v. Placegreen
scotus · 1983 · cited in 4 Arizona opinions naming this issue, 1997–2021
2 sentences

2021United States v. Sharpe, 470 U.S. 675, 686 (1985) (noting United States v. Place, 462 U.S. 696 (1983) “expressly rejected the suggestion that we adopt a hard-and-fast time limit for a permissible Terry stop.”).

2021The superior court’s reasonableness determinations, turning as they did on an assessment of witness credibility and weighing evidence, are supported by the evidence presented at the evidentiary hearing. ¶21 Citing United States v. Sharpe, the State correctly asserts that “[t]here is no hard and fast limit for gauging the reasonableness of length of the detention.” 470 U.S. 675, 686 (1985) (noting United States v. Place, 462 U.S. 696 (1983) “expressly rejected the suggestion that we adopt a hard-and- fast time limit for a permissible Terry stop”).

14
Arizona v. Johnsongreen
scotus · 2009 · cited in 4 Arizona opinions naming this issue, 2009–2015
2 sentences

2013In Arizona v. Johnson, 555 U.S. 323 , 129 S.Ct. 781 , 172 L.Ed.2d 694 (2009), the Court reaffirmed that for a Terry stop and frisk to be constitutionally permissible, two conditions must be met: First, the investigatory stop must be lawful.

2013In Arizona v. Johnson, 555 U.S. 323 , 129 S.Ct. 781 , 172 L.Ed.2d 694 (2009), the Court reaffirmed that for a Terry stop and frisk to be constitutionally permissible, two conditions must be met: First, the investigatory stop must be lawful.

14
Adams v. Williamsgreen
scotus · 1972 · cited in 4 Arizona opinions naming this issue, 1996–2014
2 sentences

2005Thus, “[a] pat down is unquestionably a search covered by the Fourth Amendment.” Leveto v. Lapina, 258 F.3d 156, 163 (3d Cir.2001). ¶ 10 Relying on Terry , the state argues the frisk was nonetheless proper because the officers had possessed “an articulable reason to fear for their safety.” See Terry, 392 U.S. at 27 , 88 S.Ct. at 1883 , 20 L.Ed.2d at 909 (officer may frisk person during brief detention only if “a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger”); see also Adams, 407 U.S. at 146 , 92 S.Ct. at 1923 , 32

2005Thus, “[a] pat down is unquestionably a search covered by the Fourth Amendment.” Leveto v. Lapina, 258 F.3d 156, 163 (3d Cir.2001). ¶ 10 Relying on Terry , the state argues the frisk was nonetheless proper because the officers had possessed “an articulable reason to fear for their safety.” See Terry, 392 U.S. at 27 , 88 S.Ct. at 1883 , 20 L.Ed.2d at 909 (officer may frisk person during brief detention only if “a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger”); see also Adams, 407 U.S. at 146 , 92 S.Ct. at 1923 , 32

14
State of Arizona v. Nelson Ivan Boteo-Floresgreen
ariz · 2012 · cited in 3 Arizona opinions naming this issue, 2016–2024
2 sentences

2024“Whether an illegal arrest occurred is a mixed question of fact and law that [this Court] review[s] de novo.” State v. Boteo-Flores, 230 Ariz. 105, 107, ¶ 11 (2012) (internal quotations and citation omitted). ¶30 An officer must have probable cause to make an arrest.

2016Cf. Sharpe, 470 U.S. at 685–86; Boteo-Flores, 230 Ariz. at 108 ¶ 14, 280 P.3d at 1242 .

13
United States v. Cortezgreen
scotus · 1981 · cited in 3 Arizona opinions naming this issue, 2000–2015
2 sentences

2014See Arvizu, 534 U.S. at 276 , 122 S.Ct. 744 (noting trial court’s “superior access to the evidence and the well-recognized inability of reviewing courts to reconstruct what happened in the courtroom”; appellate court “should not have casually rejected” testimony about and demonstration of conduct officer found suspicious). ¶9 Evans is correct that, in reviewing a Fourth Amendment claim involving a Terry stop, a court must consider whether, given the “ ‘totality of the circumstances,’ ” the officer had “a ‘particularized and objective basis’ for suspecting legal wrongdoing.” Arvizu, 534 U.S. at

2014See Arvizu, 534 U.S. at 276 , 122 S.Ct. 744 (noting trial court’s “superior access to the evidence and the well-recognized inability of reviewing courts to reconstruct what happened in the courtroom”; appellate court “should not have casually rejected” testimony about and demonstration of conduct officer found suspicious). ¶9 Evans is correct that, in reviewing a Fourth Amendment claim involving a Terry stop, a court must consider whether, given the “ ‘totality of the circumstances,’ ” the officer had “a ‘particularized and objective basis’ for suspecting legal wrongdoing.” Arvizu, 534 U.S. at

13
Ornelas v. United Statesgreen
scotus · 1996 · cited in 2 Arizona opinions naming this issue, 1996–2016
2 sentences

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

2016Such a stop is constitutional at its inception “ ‘if supported by reasonable suspicion’ that criminal activity is afoot.” State v. Rogers, 186 Ariz. 508, 510 , 924 P.2d 1027, 1029 (1996), quoting Ornelas v. United States, 517 U.S. 690, 693 , 116 S.Ct. 1657 , 134 L.Ed.2d 911 (1996); see also State v. Winegar, 147 Ariz. 440, 446 , 711 P.2d 579, 585 (1985) (“‘[I]f police have a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then a Terry stop may be made to investigate that suspicion

12
United States v. Arvizugreen
scotus · 2002 · cited in 2 Arizona opinions naming this issue, 2014–2016
2 sentences

2014See Arvizu, 534 U.S. at 276 , 122 S.Ct. 744 (noting trial court’s “superior access to the evidence and the well-recognized inability of reviewing courts to reconstruct what happened in the courtroom”; appellate court “should not have casually rejected” testimony about and demonstration of conduct officer found suspicious). ¶9 Evans is correct that, in reviewing a Fourth Amendment claim involving a Terry stop, a court must consider whether, given the “ ‘totality of the circumstances,’ ” the officer had “a ‘particularized and objective basis’ for suspecting legal wrongdoing.” Arvizu, 534 U.S. at

2014See Arvizu, 534 U.S. at 276 , 122 S.Ct. 744 (noting trial court’s “superior access to the evidence and the well-recognized inability of reviewing courts to reconstruct what happened in the courtroom”; appellate court “should not have casually rejected” testimony about and demonstration of conduct officer found suspicious). ¶9 Evans is correct that, in reviewing a Fourth Amendment claim involving a Terry stop, a court must consider whether, given the “ ‘totality of the circumstances,’ ” the officer had “a ‘particularized and objective basis’ for suspecting legal wrongdoing.” Arvizu, 534 U.S. at

12
Michigan v. Summersgreen
scotus · 1981 · cited in 2 Arizona opinions naming this issue, 2016–2016
2 sentences

2016“If the purpose underlying a Terry stop—investigating possible criminal activity—is to be served, the police must under certain circumstances be able to detain the individual for longer than the brief time period involved in Terry.” Sharpe, 470 U.S. at 685-86 , 105 S.Ct. 1568 (quoting Michigan v. Summers, 452 U.S. 692, 700 , 101 S.Ct. 2587 , 69 L.Ed.2d 340 (1981)).

2016“If the purpose underlying a Terry stop – investigating possible criminal activity – is to be served, the police must under certain circumstances be able to detain the individual for longer than the brief time period involved in Terry.” Sharpe, 470 U.S. at 685–86 (quoting Michigan v. Summers, 452 U.S. 692, 700 (1981)).

12
United States v. Dale Washington Ormangreen
ca9 · 2007 · cited in 2 Arizona opinions naming this issue, 2013–2014
2 sentences

2014The Ninth Circuit affirmed, reasoning that “a Terry stop-and-frisk ‘constitutes two independent actions.’ ” Id. at 1174 (quoting United States v. Flippin, 924 F.2d 163 , 165 n. 2 (9th Cir. 1991)).

2013Although a Terry frisk more often than not occurs during a Terry stop, nevertheless, the “two types of seizures are analytically distinct.” United States v. Davis, 202 F.3d 1060, 1062 (8th Cir.2000); United States v. Orman, 486 F.3d 1170, 1174 (9th Cir.2007) (Terry stop- and-frisk “constitutes two independent actions, each requiring separate justifications”) (quoting United States v. Flippin, 924 F.2d 163 , 165 n. 2 (9th Cir.1991)). ¶ 12 The third type of police-citizen encounter is an arrest — a classic seizure under the Fourth Amendment that must be based on probable cause. ¶ 13 We consider

12
United States v. Ricardo D.green
ca9 · 1990 · cited in 2 Arizona opinions naming this issue, 1996–1996
12
State v. Dixongreen
ariz · 1987 · cited in 1 Arizona opinions naming this issue, 2024–2024
11
Rodriguez v. Arellanogreen
arizctapp · 1999 · cited in 1 Arizona opinions naming this issue, 2020–2020
11
State v. Mendoza-Ruizgreen
arizctapp · 2010 · cited in 1 Arizona opinions naming this issue, 2018–2018
11
United States v. Osvaldo Rodriguez-Moralesgreen
ca1 · 1991 · cited in 1 Arizona opinions naming this issue, 2018–2018
11
Cady v. Dombrowskigreen
scotus · 1973 · cited in 1 Arizona opinions naming this issue, 2018–2018
11
State of Arizona v. Guillermo C. Becerragreen
arizctapp · 2013 · cited in 1 Arizona opinions naming this issue, 2018–2018
11
People v. Weargreen
illappct · 2007 · cited in 1 Arizona opinions naming this issue, 2017–2017
11
State v. Caraveogreen
arizctapp · 2009 · cited in 1 Arizona opinions naming this issue, 2017–2017
11
State v. Paulgreen
minn · 1996 · cited in 1 Arizona opinions naming this issue, 2017–2017
11
State v. Richard L. Webergreen
wis · 2016 · cited in 1 Arizona opinions naming this issue, 2017–2017
11
State of Arizona v. Johnathon Bernard Sernagreen
ariz · 2014 · cited in 1 Arizona opinions naming this issue, 2017–2017
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Illinois v. Wardlow green
scotus · 2000
2 sentences

2017The Court held that “the fact that the stop occurred in a ‘high crime area’ [is] among the relevant contextual considerations in a Terry analysis,” but observed that “[a]n individual’s presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime.” Id. at 124 , 120 S.Ct. 673 . ¶ 24 In Wardlow , ample suspicion that the defendant was engaged in criminal activity and was armed and dangerous arose not only from his presence in a high-crime area, but also “his unprovoked flight upon noticing

2017The Court held that “the fact that the stop occurred in a ‘high crime area’ [is] among the relevant contextual considerations in a Terry analysis,” but observed that “[a]n individual’s presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime.” Id. at 124 , 120 S.Ct. 673 . ¶ 24 In Wardlow , ample suspicion that the defendant was engaged in criminal activity and was armed and dangerous arose not only from his presence in a high-crime area, but also “his unprovoked flight upon noticing

32000–2017
Wong Sun v. United States green
scotus · 1963
2 sentences

2014Therefore, at the hearing on the motion to suppress, 4 This included the pretrial identification of Defendant as well as certain statements Defendant made to Sheriffs, based on the “Fruit of the Poisonous Tree Doctrine.” See Wong Sun v. United States, 371 U.S. 471 , 487- 88 (1963). 5 Terry v. Ohio, 392 U.S. 1 (1968). 7 STATE v. MUCCIARONE Decision of the Court Defendant argued that Sheriffs lacked reasonable suspicion to effect a Terry stop.

2012The State conceded that police officers did not have probable cause to arrest Boteo-Flores until he confessed to the detective. ¶ 22 Even when a confession results from an illegal arrest, however, it need not be suppressed if it “was ‘sufficiently an act of free will to purge the primary taint of the unlawful invasion.’ ” State v. Reffitt, 145 Ariz. 452, 457 , 702 P.2d 681, 686 (1985) (quoting Wong Sun v. United States, 371 U.S. 471, 488 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)); see also Brown v. Illinois, 422 U.S. 590, 602 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).

22012–2014
United States v. Cheryl Lavonn Flippin green
ca9 · 1991
2 sentences

2014The Ninth Circuit affirmed, reasoning that “a Terry stop-and-frisk ‘constitutes two independent actions.’ ” Id. at 1174 (quoting United States v. Flippin, 924 F.2d 163 , 165 n. 2 (9th Cir. 1991)).

2013Although a Terry frisk more often than not occurs during a Terry stop, nevertheless, the “two types of seizures are analytically distinct.” United States v. Davis, 202 F.3d 1060, 1062 (8th Cir.2000); United States v. Orman, 486 F.3d 1170, 1174 (9th Cir.2007) (Terry stop- and-frisk “constitutes two independent actions, each requiring separate justifications”) (quoting United States v. Flippin, 924 F.2d 163 , 165 n. 2 (9th Cir.1991)). ¶ 12 The third type of police-citizen encounter is an arrest — a classic seizure under the Fourth Amendment that must be based on probable cause. ¶ 13 We consider

22013–2014
Commonwealth v. Narcisse green
mass · 2010
2 sentences

2014These fast-developing situations may “blur the tidiness of the two-pronged Terry analysis.” Id.

2014These fast-developing situations may “blur the tidiness of the two-pronged Terry analysis.” Id.

22013–2014
Alabama v. White green
scotus · 1990
21990–1996
State of Arizona v. Nelson Ivan Boteo-Flores green
arizctapp · 2012
12018–2018
People v. Wear green
ill · 2008
12017–2017
State v. Bolte green
nj · 1989
12017–2017
United States v. Andrew Sokolow green
ca9 · 1987
12014–2014
United States v. Sokolow green
scotus · 1989
12013–2013
Contreras-Muratalla v. United States green
scotus · 2000
12013–2013
Romeo Cazaco v. United States green
scotus · 2000
12013–2013
United States v. Chadwick red
scotus · 1977
12012–2012
State v. Navarro green
arizctapp · 2001
12007–2007

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-120.24 (9) AZ § Ariz. Rev. Stat. § 13-3102 (9) AZ § Ariz. Rev. Stat. § 12-120.21 (7) AZ § Ariz. Rev. Stat. § 13-703 (5) AZ § Ariz. Rev. Stat. § 13-105 (3) AZ § Ariz. Rev. Stat. § 13-3905 (3) AZ § Ariz. Rev. Stat. § 13-4031 (3) AZ § Ariz. Rev. Stat. § 28-1381 (3) AZ § Ariz. Rev. Stat. § 4-244 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 747 (1977–2026) OH 594 (1978–2026) PA 416 (1973–2026) WA 373 (1975–2026) TX 348 (1983–2026) IN 258 (1973–2024) VA 244 (1983–2026) FL 196 (1979–2025) DC 162 (1972–2026) NJ 159 (1984–2026) GA 156 (1977–2025) MD 153 (1977–2026) LA 139 (1980–2026) MO 127 (1981–2024) AL 116 (1981–2026) WI 115 (1983–2026) MI 113 (1978–2026) CT 101 (1973–2020) CA 91 (1969–2026) MA 89 (1980–2025) KS 87 (1980–2026) TN 68 (1976–2025) IA 63 (1984–2026) NC 63 (1991–2026) ID 59 (1986–2023) AZ 59 (1985–2024) MN 58 (1975–2025) KY 53 (1984–2025) UT 44 (1981–2025) WY 42 (1992–2025) NM 40 (1980–2025) NE 38 (1987–2022) DE 34 (1981–2025) MT 32 (1981–2025) ND 30 (1985–2021) NY 29 (1981–2024) MS 29 (1972–2025) ME 28 (1978–2026) VT 26 (1982–2019) CO 25 (1975–2021) SD 21 (1991–2018) SC 20 (1996–2022) NH 17 (1983–2020) AR 14 (1985–2015) VI 12 (2002–2016) OR 11 (1979–2018) AK 11 (1980–2018) HI 11 (1982–2022) WV 10 (1991–2020) NV 10 (1994–2023) OK 9 (1987–2014) RI 8 (1989–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check