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Articles Posted in Search and Seizure

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Supreme Court Condones Assumption That the Person Driving a Car in Arizona Is the Vehicle’s Registered Owner

Earlier this year, the United States Supreme Court issued an opinion in a case that addressed an important issue that arises in many cases that begin with an Arizona traffic stop. The case, Kansas v. Glover, presented the Court with the question of whether a law enforcement officer is able…

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Arizona Court Discusses Validity of Traffic Stop in Recent Sexual Exploitation Case

Earlier this year, a state appellate court issued a written opinion in an Arizona child sex sting operation, discussing the defendant’s motion to suppress. Specifically, the defendant claimed that the officers lacked probable cause or reasonable suspicion to stop his vehicle because he had not committed a crime or a…

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Arizona Court Rejects Defendant’s Request for Border Checkpoint Discovery

Earlier this month, a state appellate court issued an opinion in an Arizona drug possession case discussing the defendant’s request for specific discovery related to a border checkpoint. Ultimately, the court rejected the defendant’s request for additional discovery, finding that he could not establish that there was a “substantial need”…

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Arizona Court Rejects Defendant’s Motion to Suppress Statement after Finding Interaction Was Not “Custodial Interrogation”

Earlier this month, a state appellate court issued a written opinion in an Arizona retail theft case requiring the court to determine if the defendant’s pre- and post-arrest statements to police should have been suppressed at trial. Ultimately, the court concluded that the police officer’s interaction with the defendant before…

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Can Arizona Police Assume That the Driver of a Car Is the Vehicle’s Registered Owner?

Police officers make assumptions about their environment all the time. In fact, rarely is a police officer’s behavior based on something that they know to be the case. Police officers may assume, for example, that someone who called 911 reporting a crime was accurate in their description of the perpetrator.…

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Arizona Court Rejects Defendant’s Claim that He Was Seized During Police Encounter

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…

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Motions to Suppress in Arizona Criminal Cases

When someone is charged with an Arizona crime, they have the ability to file a motion to suppress, challenging the admission of evidence that the prosecution plans to introduce at trial. In essence, a motion to suppress argues that certain evidence obtained by police was done so in violation of…

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Arizona Court Finds Detectives Had Reasonable Suspicion to Stop Defendant’s Car, Leading to the Discovery of a Firearm

Earlier this month, a state appellate court issued a written opinion in an Arizona gun case requiring the court to determine if the lower court should have granted the defendant’s motion to suppress. The case contains an informative discussion on police officers’ ability to stop a motorist. Specifically, the case…

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Arizona Court Allows Defendant’s Statement into Evidence That Was Taken After Invoking Miranda Rights

Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the admissibility of the defendant’s statement. Ultimately, the court allowed the admission of the defendant’s inculpatory statement, although it was made after he invoked his right to an attorney, because the defendant “reinitiated…

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Arizona Court Determines Officers Must Get a Warrant to Obtain ISP Information

Earlier this year, a state appellate court issued a written opinion in an Arizona child pornography case discussing whether the lower court correctly denied the defendant’s motion to suppress. The defendant’s motion sought suppression of the illicit images as well as information that officers obtained through a subpoena sent to…

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