In Arizona criminal cases, the defendant can argue that the evidence seized was in violation of his statutory or constitutional rights, and should not be admitted in a trial against him. This is normally done through a motion to suppress evidence. These motions to suppress are very common in Arizona drug cases, as well as Arizona DUI cases.In general, a court may grant a defendant’s motion to suppress when it finds that a police officer’s conduct in obtaining the evidence violated the defendant’s rights. However, under A.R.S. section 13-3925, the evidence will not be suppressed if the prosecution can establish that the officer’s actions were based on a “reasonable, good faith belief that the conduct was proper.” This is called the good-faith exception to the exclusionary rule.
The exclusionary rule is the general rule that precludes evidence from being admitted if it is seized in violation of a defendant’s constitutional or statutory rights. Thus, the good-faith exception acts to allow some evidence that would otherwise be inadmissible under the exclusionary rule. A recent case illustrates how courts apply the good-faith exception to the exclusionary rule.