In a recently decided case in an Arizona court, the court denied a defendant’s motion to suppress physical evidence because of the defendant’s lack of legitimate expectation of privacy under the Fourth Amendment of the Constitution. This case highlights the complicated nature of searches and seizures under the law and the importance of having an experienced criminal law attorney to assist in your defense.
The Facts of the Case
According to the opinion, an eight-month pregnant woman was driving in her car with her daughter when the driver of another vehicle ran her off the road as she attempted to merge into a new lane. The husband of the pregnant woman was driving directly behind his wife and witnessed the driver of the other vehicle cause his wife to almost hit a parked vehicle. As a result, the husband followed behind the other vehicle and yelled to the driver about running his wife off the road. The defendant, who was a passenger in the other car, fired a gun at the husband’s vehicle three times which caused a flat tire.
The husband and wife reported the incident to the police and reported the other car’s location after the pair followed the defendant. The defendant was dropped off at a community college while carrying two bags and dropped one of the bags in one of the lockers in a locker room. After checking the school’s surveillance video, a police officer searched the locker room. In a locker with mesh-like sides, the officer eventually found a similar-looking bag. The officer found the gun used in the shooting. The defendant filed a motion to suppress evidence found in the locker, arguing that his Fourth Amendment rights were violated due to the warrantless search of the locker. The lower court denied the motion. Despite arguing that his actions were a form of self-defense and defense of others in the car, the defendant was found guilty.