Articles Posted in Weapon Crimes

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The Double Jeopardy Clause, contained in the Fifth Amendment to the United States Constitution, states that no person can be “be subject for the same offence to be twice put in jeopardy of life or limb.” Given that seemingly clear language, it would stand to reason that someone who was arrested for a crime in Arizona could only be charged by the State of Arizona or by the federal government, but not both. However, in a recent U.S. Supreme Court opinion, a majority of the Court reaffirmed an old exception to the Double Jeopardy clause allowing a defendant to be prosecuted for the same crime under both state and federal law.

In that case, the defendant was pulled over when a police officer noticed that his vehicle had a damaged headlight. The officer smelled marijuana inside the defendant’s car, searched it, and found a handgun. The defendant was ineligible to own the gun because he had previously suffered a conviction for second-degree robbery. The defendant pleaded guilty in state court. Subsequently, the federal authorities indicted him for the same offense.

The defendant moved to dismiss the case, arguing that the federal conviction exposed him to double jeopardy for the same offense. The defendant’s motion was denied, and he appealed up to the U.S. Supreme Court.

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Earlier this year, a state appellate court issued a written opinion in an Arizona gun possession case where the defendant was arrested for shoplifting and, upon a search of his backpack, police discovered a firearm. The case presents an interesting and informative discussion regarding when police have probable cause to determine that someone has committed the crime of shoplifting.

According to the court’s opinion, the defendant entered a store wearing a backpack. He placed the backpack into a shopping cart and began walking around the store. The store’s video surveillance system shows the defendant selecting a variety of items and putting them into his cart. He also places a number of those items back onto the shelf. At some point, the defendant took a pair of sunglasses off the rack, removed the tag, and placed them atop his head.

The video also showed the defendant select an energy drink and a package of condoms and place them atop his backpack, which was still lying inside the cart. At some point, the defendant walks behind some displays out of frame of the surveillance camera. When he gets back in the frame, the energy drink and box of condoms are no longer visible. The store security guard, who believed that the defendant placed the items in his backpack, called the police. The defendant was stopped at the point-of-sale, before he had paid for the items or left the store. Police arrested the defendant for shoplifting and searched his backpack, where they found an energy drink, a box of condoms, narcotics, and a gun.

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Recently, a state appellate court issued an opinion in an Arizona gun possession case requiring the court determine if the police officers’ stop of the defendant violated his constitutional rights. The case presented the court with the opportunity to discuss when a police officer is justified in stopping and searching someone they believe to be suspicious.

The Facts of the Case

According to the court’s written opinion, police officers were in the middle of a traffic stop when they saw the defendant walk past them on the street. The defendant was wearing a red hooded sweatshirt and red sneakers. The officers knew red to be the color of a local gang. The officers also noticed that the defendant seemed to be avoiding looking in the officers’ direction. As the defendant walked away, he removed his hood, and officers were able to see that he was black and had long hair.

The officers believe the defendant was someone whom they had interacted with before, and ran that person’s name for warrants. It turns out that person had several warrants, and officers decided to stop the defendant. The officers stopped the defendant, who was placed on the curb and asked his name and if he had any weapons. The defendant provided the officers with a name and indicated that he did not have any weapons. An officer went to check the name supplied by the defendant, and while that officer was gone, another officer patted the defendant down, finding a gun. The defendant was then arrested and searched, during which the officers found methamphetamine. The officer then returned from conducting the name check, finding no warrants. It was later determined that the name the defendant gave was not his own.

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In a recent Arizona gun crime decision, a man was indicted for two misdemeanors and three felonies after discharging a firearm. The victim was a cab driver who stopped the man and his friends to ask if any of them had called for a cab. A friend told the driver they only called Uber. The driver and the defendant spoke to each other. The victim drove away but came back and got out of his cab. The defendant pulled a gun out of his back pocket and fired at the cab before running off.

The defendant was indicted for aggravated assault, illegal discharge of a firearm, discharge of a firearm at a non-residential structure, criminal damage, and weapons misconduct. The defendant argued that the prosecution had presented false testimony and had not properly advised the grand jurors on self-defense. His motion was denied, and he followed up with a special action.

On appeal, he argued the lower court had made a mistake because the prosecution had not presented a fair and impartial case, and he was therefore denied a substantial procedural right.

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In a recent Arizona marijuana case, the defendant appealed after being convicted of selling marijuana and weapons misconduct. The case arose when two detectives had a confidential informant conduct a controlled buy. The detective searched the informant to make sure he didn’t have money, drugs, or paraphernalia. The detectives photographed a set of $20 bills to be used to purchase drugs and set up the informant with a recording device.

They followed the informant in cars to the target’s home. After going in, the informant returned to his car, accompanied by the target and a woman. The three went to the gas station, and the detectives followed. The target got out and went up to a white car that was parked at the gas station. He got inside and then went back to the informant’s car. They returned to the home, followed by the police. The informant dropped off the target and passenger. He met the detectives to be debriefed and searched. The detectives found a plastic baggie containing marijuana.

Meanwhile, a detective asked a patrol officer to follow the white car and stop it if there was any traffic violation. The patrol officer followed the car after it left the gas station and pulled him over for speeding. The patrol officer saw there was a handgun on the seat, and it was in a firing position. He asked the driver for the gun, which the driver gave him. He also smelled marijuana, and the driver admitted she had marijuana in a paper bag. She consented to a search. Inside, there were bags of marijuana and brownies and a set of $20 bills. She had a medical marijuana card, so the officer determined there was no basis to believe she’d broken a drug law. The officer photographed the money and drugs before letting her leave.

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In a recent Arizona appellate case, the court considered whether using multiple deadly weapons while committing a drug felony was a single offense, among other things. The case arose when an officer parked in the median of I-17 saw the defendant slow down as he passed him. The officer followed him and saw him hit the brakes for no reason and swerve across a white line. He pulled him over, and after hearing inconsistent statements from the defendant and his passenger, he asked for a drug canine unit.

The dog alerted, and two handguns, heroin, meth, and a used syringe were found. The defendant admitted he’d used heroin earlier and gave a urine sample of his own volition. The sample had metabolites of marijuana, meth, and heroin in it. He was indicted for multiple counts, including transportation of meth, a dangerous drug, and misconduct involving weapons. His passenger was also indicted.

The defendant was acquitted of certain offenses but found guilty of a DUI charge, transportation of a dangerous drug for sale, misconduct involving weapons, and other charges. The codefendant was also found guilty, and the fact that there was an accomplice was an aggravating factor. The defendant was sentenced to concurrent aggravated prison terms. The longest term imposed was 14 years. The defendant appealed.

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In a recent Arizona appellate case, a jury convicted a man of two counts of aggravated assault and two counts of murder. He was sentenced to concurrent terms, with the longer one being 13 years. The victims were two men who were shot and killed and one man who was wounded outside a party at a home. The defendant was convicted as the lone shooter involved.

The surviving victim had come to the party to serve as a deejay, and he knew the defendant from a social media website. Shortly after the victim arrived, the defendant told him that he was carrying a 9 mm pistol. Many witnesses saw him with a black gun that night.

Four or five of the men at the house party argued. The parties agreed there was bad blood between the defendant and one of the victims, based on a fight between the defendant and the victim’s brother. The defendant and the men got into a fistfight. Many people saw the defendant show his gun while they were inside the home.

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In an unpublished Arizona appellate decision, a defendant appealed his convictions and the related sentenced for aggravated assault and armed robbery. The case arose when he came up to a cash register in a liquor store in 2012 and demanded money while threatening the clerk with a handgun. He got more than $450 and started to go. The clerk picked up a baseball bat and told him to stop, and in response, the defendant fired his gun at him, barely missing. He fled.

The police didn’t find the defendant right away. However, a few days later, the clerk was working nearby and saw a customer who looked like the defendant. He called the police, and when an officer looked at the surveillance video, he told the officer he wasn’t sure it was him. The detective decided that the customer in the video wasn’t the defendant.

Based on the clerk’s description, the police later identified two other people of interest, neither of whom had previously committed a robbery. An anonymous tip turned up the defendant. The officer showed the victim a six-photograph photographic lineup. The victim had no problem identifying the defendant.

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Arizona Domestic Violence Laws, Penalties, Criminal Defense

The Lautenberg Amendment in Title 18 U.S. Code § 922(g)(9) prohibits shipment, transport, ownership and use of guns or ammunition by individuals who were convicted of a misdemeanor domestic violence offense or are under a protection order (commonly referred to as a restraining order) for domestic violence. The amendment was enacted in 1996 and has been the subject of numerous court challenges.

On June 27, 2016, the United States Supreme Court further clarified that even convictions for reckless domestic assault can be construed as domestic violence offenses that prohibit firearm possession. The 6-2 decision resolved lingering questions about the nature of misdemeanor domestic violence convictions than can lead to loss of firearm rights.

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Misconduct with Weapons and DUI enforcement top police priority list.

The Arizona Governor’s Office of Highway Safety (AGOHS) is working closely with law enforcement agencies to conduct DUI task forces in Phoenix, Tempe, Mesa, Chandler and Gilbert AZ, this July 4, 2013 weekend.

According to the recent statistics reported by the National Centers for Disease Control (NCDC) nearly one third of all fatal auto accident were the result of impaired driving; and according to Mothers Against Drunk Driving (MADD), one in every three people will be involved in an impaired driving motor vehicle accident. According to MADD, the average drunk driver gets behind the wheel to drive at least 80 times before they are arrested for their first DUI.