Last month, a state appellate court issued an opinion in an Arizona assault case in which the defendant was also found in possession of methamphetamine. The appellate court’s opinion dealt with several issues, including the defendant’s claim that the officer illegally searched his vehicle without consent. However, because the court…
Possessory offenses, including Arizona gun crimes and drug offenses, often stem from an arrest where the contraband at issue is physically removed from the defendant or their property. While it may seem like there are no defenses when a police officer finds a gun or drugs on you, that is…
Recently, the Arizona Court of Appeals, issued an opinion in a defendant’s appeal of her conviction for the possession of dangerous drugs and drug paraphernalia. The case addressed whether the defendant experienced prolonged detainment and whether the detainment was supported by reasonable suspicion of criminal activity. Those facing Arizona drug…
Recently, an Arizona defendant appealed his conviction and sentence for the possession of a dangerous drug and drug paraphernalia. The defendant argued that the trial court erred by denying his motion to suppress. The case arose after a patrol officer in a “high-drug area” witnessed the defendant enter the parking…
Earlier this year, a state appellate court issued a written opinion in an Arizona drug case discussing whether the defendant was eligible for probation under Arizona Revised Statute section 13-901.01. Section 13-901.01 is titled “Probation for persons convicted of possession or use of controlled substances or drug paraphernalia,” and states…
Earlier this month, a state appellate court issued a written opinion in an Arizona gun crime case involving the defendant’s challenge to the legality of the search conducted by police officers that led to the discovery of the firearm. Ultimately, the court held that the defendant voluntarily answered the questions…
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…
Recently, a state appellate court issued an opinion in an Arizona gun possession case requiring the court determine if the police officers’ stop of the defendant violated his constitutional rights. The case presented the court with the opportunity to discuss when a police officer is justified in stopping and searching…
Earlier this month, a state appellate court issued a written opinion in an Arizona drug case discussing under what circumstances a defendant’s un-Mirandized statement made to law enforcement should be suppressed. Because the court concluded that the defendant was not in custody at the time she made the statement, it…
For decades, law enforcement officers have used dogs to detect narcotics due to their superior sense of smell. And over the years, courts have generally upheld police officer’s ability to use dogs to sniff the perimeter of a motorist’s vehicle on the basis that it does not constitute a legal…