Articles Posted in Sex Crimes

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In May of this year, a state appellate court issued a written opinion in a case involving the defendant’s motion to suppress evidence that he claimed was illegally obtained when a probation officer searched through his cell phone after he had been arrested for violating his probation. Ultimately, the court held that the search was reasonable and permissible because, in accepting probation, the defendant permitted warrantless searches of his property.

The Facts of the Case

According to the court’s opinion, in 2014, the defendant was on probation for an Arizona domestic violence offense. The defendant was placed on probation. As a part of his probationary sentence, the defendant signed a document outlining the conditions of probation. Condition 4 stated that the defendant consented to warrantless searches of his property.

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Earlier this year, a state appellate court issued a written opinion in an Arizona sex offense case discussing whether the defendant was properly ordered to register as a sex offender after he was convicted by a jury. The case involves the guarantees of the Sixth Amendment right to a jury trial in criminal cases.

A Little Background into the Sixth Amendment

The Sixth Amendment of the United States Constitution provides, among other rights, that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” This right to a trial by jury has been expanded over the years. For example, in the case, Apprendi v. New Jersey, the U.S. Supreme Court held that any fact that increases the punishment a defendant may face must be found beyond a reasonable doubt by the jury.

The Facts of the Case

In the recent opinion issued by the Arizona Supreme Court, the defendant was convicted of a sexual offense. At trial, the jury determined that the victim was “fifteen or more years of age.” However, the jury did not formally make a specific finding as to the victim’s exact age.

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Earlier this year, a state appellate court issued a written opinion in an Arizona child sex sting operation, discussing the defendant’s motion to suppress. Specifically, the defendant claimed that the officers lacked probable cause or reasonable suspicion to stop his vehicle because he had not committed a crime or a traffic offense. The court, however, disagreed, finding that the stop was valid because there was probable cause to believe the defendant committed “luring a minor for sexual exploitation.”

The Facts of the Case

According to the court’s opinion, police set up a fake account in the name of “Sandi” in a teen chat room. The defendant began chatting with Sandi, and eventually, the nature of the conversation turned sexual, when the defendant asked Sandi if she would perform oral sex on him. The two arranged a time to meet at a location which was about 30 miles from the defendant’s home.

Police arrived at the area beforehand and waited for the defendant to arrive. However, when the defendant neared the park, he just drove around. Police officers claim that they eventually became concerned that the defendant would try to contact a real minor, and they pulled over his vehicle. No evidence was found linking the defendant to the crime, but he was arrested based on the chat conversations.

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