Case citation: 555 U.S. 323 (2009)
1. The Parties:
• Plaintiff - State of Arizona
• Defendant - Lemon Montrea Johnson
• Appellant to the Arizona Court of Appeals - Lemon Montrea Johnson
• Respondent to the Arizona Court of Appeals – State of Arizona
• Appellant to Arizona Supreme Court – State of Arizona
• Respondent to the Arizona Supreme Court– Lemon Montrea Johnson
• Petitioner to the SCOTUS – State of Arizona
• Respondent to the SCOTUS - Lemon Montrea Johnson
2. Procedural History
The Arizona state court convicted Johnson for possessing a weapon and marijuana illegally. Johnson appealed. He argued that the officer did not have the right to search him and by doing that he violated Johnson's rights under the Fourth Amendment. Because of that, he wanted evidence recovered in the frisk to be suppressed. The court held that the frisk was unconstitutional because the pat down authority stopped existing when the officer engaged Johnson in a consensual chat that was not about the stop. His conviction was …show more content…
At the time of stopping the car, the officers had no motive to suspect the occupants had any criminal motive. Johnson, the passenger of the car, was asked by one police officer that suspected him of possessing a gun to step out. A gun and marijuana were found when the officer frisked Johnson. Johnson was charged with carrying a gun although he was prohibited to. The state court held that the stop by the officers was lawful, and the officer who frisked him had reason to suspect that Johnson (defendant) was armed and indeed dangerous as a result. The Arizona Court of Appeals established that the stop was lawful, but the officer had no right to frisk Johnson even if he had reason to suspect him of being dangerous and armed because the temporary detention had turned into a consensual conversation concerning Johnson's gang