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Arizona DUI & Criminal Defense Attorney Blog

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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…

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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…

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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…

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The Crimes of Assault and Aggravated Assault in Arizona

Of the thousands of cases filed by Arizona prosecutors each year, many involve allegations of assault. Depending on the circumstances of the allegations, an Arizona assault charge can be either a misdemeanor or a felony offense. In Arizona, there are two types of assault that do not involve a sexual…

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Arizona Court Distinguishes Between Diminished Capacity and Justification Defenses

Recently, the state’s supreme court issued an opinion in an interesting Arizona criminal law case involving a defendant’s justification defense to several kidnapping and child-abuse charges. The case required the court to determine whether the defendant’s proposed evidence that she was afraid her husband would hurt or kill her if she…

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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…

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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…

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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…

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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…

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Recent Supreme Court Case Protects Privacy of Cell Phone Location Data

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…

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