Articles Posted in Defenses

Published on:

old carIn a recent Arizona criminal case, a police officer answered a check vehicle call after police got reports of a white truck that was parked in a lane of traffic. The officer turned on his overhead lights and pulled up behind the truck. He came up to the driver’s window and tried to talk to the truck driver. He saw three young kids in the car, who seemed to be sleeping. The truck driver asked to see his identification twice. He told her he was a police officer and pointed at his badge and at the police car’s emergency lights.

The police officer believed that it was necessary to check on the kids, due to the totality of the circumstances. He asked her to unlock the doors to check the kids’ welfare and tried to open the doors. She drove up about 100 yards, ignoring his requests to stop, and went into a parking lot.

He followed and pulled his police car behind the truck to effectuate another stop. She backed the truck toward his patrol car. He pulled into a bank drive-through and headed in through the exit. The officer followed her and tried to contact her to ask her to stop the truck. Rather than comply, she drove the truck right at the officer. He pointed his gun at her, and she accelerated. He ran out of the way. She hit his car and drove back into traffic for 50-60 feet. He stopped again in a lane of traffic.

Continue reading →

Published on:

Entrapment Defense in ArizonaUnderstanding Arizona Affirmative Defenses

One of the best ways to understand the entrapment defense in Arizona is to read the standard jury instructions. Arizona Pattern Jury Instructions for criminal cases tracks the language of A.R.S. § 13-206 and provides:

The defendant has raised the affirmative defense of entrapment with respect to the charged offenses. In this case the defendant must prove the following by clear and convincing evidence: