Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

AZ: Johnson on remand finds the search of the passenger's person valid

By John Wesley Hall, Jr.

In Arizona v. Johnson, 129 S. Ct. 781, 788, 172 L. Ed. 2d 694 (2009), on remand, the Arizona Court of Appeals concludes that the defendant passenger was lawfully searched because the officer had reasonable suspicion defendant was armed. State v. Johnson, 2009 Ariz. App. LEXIS 93 (May 21, 2009). Surveillance officer saw defendant violate a traffic law and radioed for assistance, and an officer with a drug dog was dispatched for the stop. The entire stop took only ten minutes, and it was reasonable. State v. Nash, 2009 Ohio 2477, 2009 Ohio App. LEXIS 2080 (5th Dist. May 26, 2009).* A defendant stopped with PC for DWI has no constitutional right to refuse a breath or blood test. State v. Hill, 2009 Ohio 2468, 2009 Ohio App. LEXIS 2093 (5th Dist...continue to full post

Full post as published by Fourth Amendment on June 03, 2009 (boomark / email).