In a case where being polite and cooperating with police quickly turned into commands that a reasonable person would not have felt were optional so that they could leave, the Arizona Supreme Court said that in order to conduct a frisk of a person, “officers must reasonably suspect both that criminal activity is afoot and that the suspect is armed and dangerous.”
The case stems from a stop where multiple officers approached a man who was on the street having a conversation with a woman. They admit that he was polite to them and cooperating fully, and prosecutors apparently tried argued that such polite behavior at the beginning of a stop is a sign of consent to a later search. One of the officers spotted a bulge on the waistband and asked if the man was carrying a firearm. The man admitted that he was, and that’s when officers started commanding him to put his hands on his head, disarmed him, and then later arrested him once they found out he had a prior felony. (The article doesn’t say what that prior record was about.) The Court said that the stop was illegal and therefore they threw out the conviction for being a felon in possession.
Gun issues aside, I’m quite impressed with this quote from the opinion in the article where the Court’s decision said, “police interactions with members of the public are inherently fluid, and what begins as a consensual encounter can evolve into a seizure that prompts Fourth Amendment scrutiny.”