 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Garcia4/9/1991
enough to trigger search of vehicle).
Even assuming, arguendo, that the facts in those cases provided a basis for a greater fear of danger than here, we find that any reasonable fear for safety is enough to warrant a search under Terry and Michigan v. Long, and that such reasonable fear was created by appellees' suspicious activity coupled with bullets visible in the vehicle. Appellees cite numerous cases in opposing appellant's argument, most of which were decided before Michigan v. Long. Their two recent cases are distinguishable. State v. Taylor, 167 Ariz. 439, 808 P.2d 324 (App.1990), involved the search of a wallet after a citation was issued for drinking in public; there was no officer's safety issue. In State v. Vasquez, 167 Ariz. 352, 807 P.2d 520 (1991), our supreme court has recently vacated the Court of Appeals opinion on which appellant relies. In Vasquez, which now supports the present case, police were investigating a family dispute involving alcohol and possible domestic violence. The court found, citing Terry and Michigan v. Long, that a weapons search of the bulky leather jacket of one of the suspects who was not under arrest, was warranted because the officer had a reasonable fear for his safety.
Appellees' third claim, that the officers did not assert a belief that their safety was threatened by the suspects, is not borne out by the record.
Based upon this record, we conclude that the granting of the motion to suppress constituted clear and manifest error and was an abuse of the trial court's discretion. We therefore reverse.
|