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…
Articles Posted in Drug Crimes
Court Holds the Smell of Marijuana Still Gives Rise to the Probable Cause to Search, Despite Arizona’s Medical Marijuana Statute
Last month, a state appellate court issued an opinion in an Arizona drug possession case discussing an interesting motion to suppress that was brought by the defendant. The defendant argued that the smell of marijuana should no longer give a police officer probable cause to detain, search, or arrest based…
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…
Arizona Court Denies Defendant’s Challenge to Search Warrant
In a recent Arizona drug trafficking case, the Court of Appeals of Arizona discussed a defendant’s challenge to a search warrant that was obtained by an officer who omitted facts that the defendant claimed were relevant to the probable cause determination. Ultimately, however, the court concluded that the defendant was…
Court Holds Arizona Medical Marijuana Statute Does Not Permit Possession of Hashish
Recently, an Arizona appellate court issued a written opinion in a case involving the defendant’s possession of a small amount of hashish, requiring the court to determine if the defendant was protected under the Arizona Medical Marijuana Act (AMMA). Ultimately, the court concluded that the AMMA – which does not specifically…
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…
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 Appellate Court Holds Police Had Reason to Order Passenger Back into Car and Conduct Search
Earlier this month, a state appellate court issued a written opinion in an Arizona drug possession case requiring the court to determine if the trial court properly denied the defendant’s motion to suppress. The court ultimately determined that the defendant, who was a passenger in a lawfully stopped vehicle, was…
Arizona Court Upholds Validity of California Recommendation Letter in Marijuana Case
Earlier this month, an appellate court issued an opinion in an Arizona marijuana case resulting from an arrest of a California citizen who was stopped in Arizona with marijuana. The case is the latest in a line of many cases dealing with the relatively new laws across the country legalizing…
Reasonable Suspicion and Transporting Meth for Sale in Arizona
In a recent Arizona meth crime decision, the court considered whether using or possessing several deadly weapons while perpetrating a drug felony should be considered just one offense under Arizona Revised Statutes (“A.R.S.”) section 13-3102(A)(8) and whether a defendant convicted of transporting methamphetamine for sale under A.R.S. § 13-3407(A)(7) should…