Earlier this month, a state appellate court issued an opinion in an Arizona drug possession case discussing the defendant’s request for specific discovery related to a border checkpoint. Ultimately, the court rejected the defendant’s request for additional discovery, finding that he could not establish that there was a “substantial need” for the material or that he was unable to obtain the requested discovery on his own. The case illustrates the importance of understanding the legal framework that governs discovery requests and how to effectively request desired discovery.
According to the court’s opinion, the defendant was driving through a border checkpoint when he was stopped by border patrol agents. A drug-sniffing dog alerted to the defendant’s car, and an agent directed the defendant to pull into an area for secondary screening. Upon searching the vehicle, agents found marijuana and methamphetamine. The defendant was eventually charged with possession of marijuana and two counts of possession of drug paraphernalia.
Before trial, the defendant requested “all search and seizure raw data” from the border checkpoint where he was stopped. The defendant argued that the information was relevant to determine whether the primary purpose of the checkpoint was for immigration enforcement or drug detection and enforcement. The court denied his request, and the defendant was ultimately convicted.