Recently, a state appellate court issued an opinion in an Arizona drug case, affirming the denial of the defendant’s motion to suppress. As a result, the defendant’s eight-year prison sentence for disorderly conduct and possession of narcotics was affirmed. The case is an example of the court’s ability to resolve conflicting versions of events at a motion to suppress.
The Facts of the Case
According to the court’s opinion, police received a call from the complaining witness, reporting a disturbance at her home. The complaining witness happened to work at the police station and called the responding officer as he was on his way to the scene. The officer could hear knocking and what he identified as a ringing doorbell in the background. The complaining witness told police that the defendant was the one causing the disturbance.
When the officer arrived, he saw the defendant outside the home and arrested him for disorderly conduct. Incident to the defendant’s arrest, the officer searched the defendant, finding methamphetamine and a pipe. The defendant tried to explain that he was trying to alert the complaining witness of a potential emergency. The complaining witness’s sister-in-law arrived on the scene, corroborating the defendant’s version of events.