In a recent United States Supreme Court opinion, the Court reversed the lower court’s ruling that denied a defendant’s motion to suppress the historical location data obtained by the police from the defendant’s cellular phone provider. The opinion is very important to those charged with an Arizona crime where the…
In a recent unpublished Arizona appellate opinion, the defendant appealed a conviction for aggravated assault, for which he was sentenced to a term of 8 1/2 years imprisonment. The case arose when the defendant’s brother rode a bike to their mom’s house, where his brother lived with the mom. The…
Understanding Arizona Affirmative Defenses One of the best ways to understand the entrapment defense in Arizona is to read the standard jury instructions. Arizona Pattern Jury Instructions for criminal cases tracks the language of A.R.S. § 13-206 and provides: The defendant has raised the affirmative defense of entrapment with respect…
One of least understood and most commonly charged crimes in Arizona is “Failure to Comply with a Lawful Order” in violation of Arizona Revised Statutes (ARS) section 28-622(A). The crime is classified as a class 2 misdemeanor. The statute provides: 28-622. Failure to comply with police officer… A person shall…
An Arizona Legislator introduced HB2574 last month, intending to protect 4th Amendment Constitutional Rights from unreasonable searches. Passing of this Bill would have outlawed police drone use to collect evidence in criminal offenses. Arizona is one of at least 24 states considering passage of bills designed to address constitutionality of evidence…
The question before the US Supreme Court is “When is a DNA search lawful?” US Supreme Court Justice Alito called it “Perhaps the most important criminal procedure case that this Court has heard in decades.” The state argued that DNA testing at the time of arrest would help solve cold…
News Story That Went Viral Last week in the news, we learned of a suspect was arrested on minor drug charges: unlawful possession of a controlled substance, Xanax. When she appeared in Miami-Dade Circuit Court, the Judge questioned her about her assets, for purposes of a release bond. The suspect…
“Describe the ‘young man’ who walked into the room earlier,” asked the teacher. Later the student learns the man that the teacher referred to was in fact, 55 years old. So the question begs, “Was he a “man”; or was he a “young man”? This is an illustration of when…
Elements of a Valid Search Warrant Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property. In order for the warrant to be valid the following elements must exist: “Probable cause” A.R.S. 13-3924…
False Arrests: One reason you should know the law and your rights Unjustified DUI Arrests “I told her…‘You’re making the biggest mistake of your life. I haven’t had nothing (anything) to drink”, said a suspect arrested by a former Utah State Trooper. During detention at the County Jail, the suspect,…