Articles Posted in Drug Crimes

Published on:

By

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 on the state’s loosening stance on marijuana and the availability of medical marijuana. The court, however, summarily rejected the defendant’s argument.

The Facts of the Case

According to the facts as outlined by the court, a postal inspector noticed several suspicious looking packages that were dropped off at various post offices. The inspector obtained a warrant to search the boxes, and found marijuana inside. The inspector then took fingerprints from inside the box, and the prints came back as belonging to the defendant.

Evidently, the inspector obtained an arrest warrant for the defendant. As police arrested the defendant, he asked if he could put his shoes on. The officer accompanied the defendant into his home as he grabbed his shoes. As the officers walked through the defendant’s home, the noticed large rolls of cellophane wrapping and could smell marijuana. Using that information, the officers obtained a warrant to search the defendant’s home, and discovered marijuana and other items that the officers believed to be drug paraphernalia.

Continue reading →

Published on:

By

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 out, at which point the defendant was legally arrested based on the officers’ observations. Thus, the court held that the defendant’s motion was properly denied below.

The Facts of the Case

According to the court’s opinion, Tucson police received a tip that someone was selling narcotics out of a home. Officers drove to the location, and watched as a man entered the residence and then left a short time later. Police followed the man to a restaurant parking lot.

Evidently, shortly after the man pulled into a restaurant parking lot, another man got into the vehicle through the front passenger door. Initially, the two men were sitting upright; however, shortly after the second man got into the car both seats reclined below the level of the window so that they were not visible by passersby. At this point, the police officers pulled their vehicles up next to the defendant’s, effectively boxing him in so he could not leave.

Continue reading →

Published on:

By

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 unable to meet the high burden of showing that the police officer “knowingly, intentionally, or with reckless disregard for the truth included a false statement.” Thus, the court affirmed the denial of the defendant’s motion to suppress.

The Facts of the Case

Police received a tip that the defendant was selling marijuana out of his house. Officers went to the defendant’s home and made observations with a “stick camera.” The camera allowed officers to see the outside portion of the defendant’s home; however, they could not see inside the home.

The officers observed the defendant and another male leave the house in two separate cars. The defendant drove a van and the other man drove a Honda. They met up with a third man who was driving an Impala, who switched cars with the driver of the Honda. The Impala was then driven back to the defendant’s home. Officers believed this to be a “blind sale” of narcotics; however, when they stopped the Impala they did not find any narcotics or evidence of drug sales.

Continue reading →

Published on:

By

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 mention hashish – does not afford protection to qualifying patients found in possession of the substance.

The Facts

The defendant was a “qualified patient” under the AMMA, meaning that he was able to obtain and use marijuana for medical purposes. In March 2013, the defendant was found in possession of .05 ounces of hashish oil. The defendant sought dismissal of the charges based on the fact that he was a qualifying patient under the AMMA, but the court rejected the defendant’s motion. The defendant then proceeded to trial in front of a judge alone, where he was found guilty and sentenced to 2.5 years’ incarceration for the hashish and a concurrent term of one year incarceration for possession of drug paraphernalia (the jar containing the hashish).

The defendant appealed his conviction, making the same arguments on appeal. However, the court affirmed his conviction. The court began with an explanation that, when it comes to voter-enacted laws such as the AMMA, it a court’s job to “give effect to the intent of the electorate.”

Continue reading →

Published on:

By

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 to write the ticket issued to the defendant and, if so, whether that extension of the stop required the suppression of the evidence.Ultimately, the court concluded that the defendant consented to the extended encounter. Thus, the evidence seized as a result of the stop was not required to be suppressed.

The Facts of the Case

The defendant was driving on the highway when he was pulled over by a police officer for following too closely. After running the defendant’s name, the officer determined that the defendant’s license was suspended. The officer wrote the defendant a ticket.

Continue reading →

Published on:

By

Recently, a state appellate court issued a written opinion in an Arizona marijuana crime case involving a defendant’s challenge to a warrant that was obtained based on information that was provided by an informant after her own arrest for drug possession. The case presents important issues for those charged with crimes based on an investigation that may have included testimony from a potentially biased witness.The case also illustrates how a witness’ recantation of a statement will not always result in the information being disregarded.

The Facts of the Case

A woman (the informant) was arrested after police discovered a significant amount of marijuana in her backpack. After the informant’s arrest, she made a series of statements to police indicating that she obtained the marijuana from the defendant, who had a much larger supply. The informant explained that the defendant was flying in marijuana on light-weight planes and also that she saw a gun at the defendant’s house.

Continue reading →

Published on:

By

Earlier this month, a state appellate court issued a written opinion in an Arizona drug possession case requiring the court to determine if the trial court properly denied the defendant’s motion to suppress. The court ultimately determined that the defendant, who was a passenger in a lawfully stopped vehicle, was legally detained, and the subsequent investigation by police officers did not exceed their legal authority.

The Facts of the Case

The defendant was a passenger in a car being driven by a friend. The car was stopped by police for having an expired registration. The driver quickly pulled over in front of a residence, and the police parked behind the stopped car. As the police were exiting their vehicle, the defendant started to get out of the front-passenger seat; however, police ordered that he get back in the car. The defendant explained that he lived at the residence, and he wanted to go inside. The officer denied the defendant’s request and had him remain in the vehicle.

As the police officers were running the occupants’ licenses for warrants, they noticed a substance they believed to be marijuana in the center console area. The police asked both men out of the car and asked if they would consent to be searched. The defendant responded, “I got nothing on me, that’s fine.” However, police found a crack pipe and a bag of heroin in the defendant’s pockets.

Continue reading →

Published on:

By

Earlier this month, an appellate court issued an opinion in an Arizona marijuana case resulting from an arrest of a California citizen who was stopped in Arizona with marijuana. The case is the latest in a line of many cases dealing with the relatively new laws across the country legalizing and decriminalizing marijuana possession.

The Facts of the Case

The defendant, a California resident, was stopped by an officer with Arizona Public Safety for failing to have functioning headlights. When the officers stopped the defendant’s car, they reported a smell of marijuana coming from the car. As they peered inside the car, they saw a white pipe with black residue near the defendant.

The police officers removed the defendant, and he admitted that the pipe was his and also that he had medical-grade marijuana as well as THC wax in the vehicle. The officers then asked the defendant if he had an Arizona medical marijuana card. The defendant responded that he did not but that he did have a recommendation letter from a California doctor stating that he would “significantly benefit from the use of medical marijuana,” and the doctor “approved the use of cannabis as medicine.”

Continue reading →

Published on:

By

In a recent Arizona meth crime decision, the court considered whether using or possessing several deadly weapons while perpetrating a drug felony should be considered just one offense under Arizona Revised Statutes (“A.R.S.”) section 13-3102(A)(8) and whether a defendant convicted of transporting methamphetamine for sale under A.R.S. § 13-3407(A)(7) should be able to get an early release.

The case arose when a highway patrol officer saw the defendant driving by with his windows down and then slowed while passing him. The policeman followed him and stopped him for hitting the brakes for no reason and twice swerving over the fog line.

The defendant and his passenger provided inconsistent statements, so the policeman asked for a drug canine unit. The dog alerted. The police found handguns, four pounds of meth, half a pound of heroin, and another case that held a bit of heroin and a used syringe. The defendant admitted he’d used heroin and gave a urine sample. A drug test showed metabolites of marijuana, methamphetamine, and heroin.

Continue reading →

Published on:

By

In a recent Arizona drug crime decision, a woman appealed her conviction for possession of dangerous drugs. The case arose in 2014, when a Tempe officer initiated a traffic stop of a car driven by the defendant. He’d seen a traffic violation. While stopping her, he saw her moving inside the car, leaning forward, and then moving in her seat. Her arm went behind her back such that he became suspicious there was a weapon or contraband in the car.

The officer completed a check of records. He came back to speak to the defendant and her passenger. The defendant explained that she’d been moving in order to find her keys so that the officer wouldn’t think the car was stolen. She explained her ignition was messed up, and the key had broken inside it. The officer asked for police assistance after determining he would ask the defendant and her passenger to leave the vehicle in order to perform a canine sniff or consensual search. He saw the defendant pick something up and move it while waiting for backup.

Another officer came. The first officer approached the car again, and this time he saw that the defendant had her purse on her lap and a multi-tool. He also noticed she had cut her thumb. She explained she had the multi-tool because she wanted to ensure she could start her car.

Continue reading →

Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2017 – 2024, The Law Office of James E. Novak
JUSTIA Law Firm Blog Design