The US 9th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court. The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing. The panel…
“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…
In Arizona, a motorist can be arrested for DUI even if their blood alcohol content is below the legal limit of 0.08 percent or if they have had no spirituous liquor at all. Any DUI in Arizona is a criminal offense and subject to serious penalties including jail time, and…
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…
Tempe Crime News Tempe Police Officers recently used new technology to arrest robbery suspect. Witnesses of an armed robbery reported seeing vehicle and driver fleeing from the crime. They described the vehicle and license plates to police following the incident. Police were unable to find or detain the suspect immediately.…
Domestic Violence Charges Many victims of a Domestic Violence are unjustly arrested. This happens when, a domestic dispute takes place, and a victim calls #911 for police: When police arrive, the aggressor denies everything, and claims the victim was the aggressor, or provoked the argument. The victim is then arrested. If…
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,…
Any assault against police, by word or conduct, is a felony in Arizona Aggravated (Felony) Assaults of a police officer is serious in Arizona. Depending on the circumstances, classifications may range from Class 6 felonies, up to Class 2 felonies. The only offenses more serious than Class 2 felonies are reserved…
Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room What is “Due Process? It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due…
How Arizona is Utilizing DUI Statistics to Combat Impaired Driving Arizona DUI Arrest Statistics On December 27, 2012 the Arizona Governor’s Office of Highway Safety (GOHS) released Statewide DUI enforcement statistics. The statistics are reported for the cumulative time frame November 23, 2012, before Thanksgiving, to December 27, 2012, just…