Under the Fourth Amendment to the United States Constitution, citizens are guaranteed the right to be free from unreasonable searches and seizures. Over the years since the passage of the Fourth Amendment, courts have interpreted this to mean that police are generally required to obtain a warrant that is supported…
Articles Posted in Appeals
Arizona Court Determines That a Filing Cabinet Is a “Nonresidential Structure” in Recent Burglary Case
Earlier this month, a state appellate court issued a written opinion in an Arizona burglary case in which the defendant challenged the sufficiency of the evidence that was used to convict him. However, the court affirmed the defendant’s conviction for burglary on the basis that the two-drawer filing cabinet he…
Court Finds Defendant Was Not Seized Although Police Boxed in Defendant’s Car, Preventing Him from Leaving
Recently, an appellate court issued a written opinion in an Arizona drug trafficking case requiring the court to determine whether the lower court properly denied the defendant’s motion to suppress. The court ultimately concluded that the police possessed reasonable suspicion to approach the defendant in his car and order him…
Court Determines Digital Photographs Were Reviewable by a Jury Even When Not Admitted into Evidence
Recently, a state appellate court issued a written opinion in an Arizona burglary case discussing whether the trial court properly reversed a defendant’s conviction after the jury was allowed to view digital pictures that had only been admitted into evidence as hard-copies. Ultimately, the court concluded that the digital images…
Arizona Court Determines Defendant Consented to Extended Traffic Stop
Recently, an Arizona appellate court issued a written opinion in an Arizona drug crime case affirming the denial of a defendant’s motion to suppress evidence that was seized during a traffic stop. The case required the court to discuss whether the officer’s stop was extended beyond the time that was required…
Court Discusses Accomplice Liability in Recent Arizona Robbery Case
Recently, a state appellate court issued a written opinion in an Arizona criminal case requiring the court to determine if police had probable cause to arrest the defendant without a warrant. Ultimately, the court concluded that the information police had at the time they decided to arrest the defendant gave them…
Warrant Based on Informant’s Tip Upheld by Arizona Court
Recently, a state appellate court issued a written opinion in an Arizona marijuana crime case involving a defendant’s challenge to a warrant that was obtained based on information that was provided by an informant after her own arrest for drug possession. The case presents important issues for those charged with crimes…
Arizona’s Good-Faith Exception
In Arizona criminal cases, the defendant can argue that the evidence seized was in violation of his statutory or constitutional rights, and should not be admitted in a trial against him. This is normally done through a motion to suppress evidence. These motions to suppress are very common in Arizona…
Arizona Court Precludes Evidence of Defendant’s PTSD Diagnosis in Recent Homicide Case
Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the admissibility of the defendant’s diagnosis for Post-Traumatic Stress Disorder (PTSD). Being an issue of first impression, the court was required to fashion a rule to determine the admissibility of such diagnoses, ultimately…
AZ Supreme Court: Probationers can use Medical Marijuana under Protections of AMMA
“Probation is a privilege that cannot be denied under AMMA; Penalties & criminal defense for probation violations.” Nearly 5 years after the passing of Arizona Medical Marijuana Act (AMMA) the Arizona Supreme Court heard two cases involving denial of the privilege of qualified patients to use marijuana. The Arizona Supreme…