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Marijuana Odor Establishes Probable CauseArizona Cannabis Laws, Penalties, Criminal Defense

Police officers have long used the alleged scent of marijuana as an excuse to perform searches of alleged offenders’ motor vehicles when they refuse to consent to such searches. After the two divisions of the Arizona Court of Appeals came to different conclusions about the legality of the “plain smell doctrine”—the proposition that the smell of cannabis alone provides probable cause, the Arizona Supreme Court agreed to review of one of the cases.

The alleged offenders in both cases argued that the odor of marijuana no longer suffices to establish probable cause after the implementation of the Arizona Medical Marijuana Act (AMMA) in 2010. “We granted review because whether AMMA affects the determination of probable cause based on the odor of marijuana is a recurring issue of statewide importance,” the Arizona Supreme Court wrote in its decision in State Of Arizona v. Ronald James Sisco II, No. CR-15-0265-PR.

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Supreme Court Domestic Violence

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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Overview of Arizona DUI Trends, Laws, Penalties, and Criminal Defense

https://blog.novakazlaw.com/files/2017/01/Statue-of-Liberty.-4jpg-283x300.jpgIf you live in Arizona or plan to drive in the state over the July 4th weekend it is important to be aware of the DUI laws and consequences of a conviction.

According to media reports, state and local law enforcement agencies throughout Arizona will increase DUI patrols over the July 4th weekend. Starting Friday, July 1, 2016 law enforcement, including the Phoenix and Tempe police departments, will have an increased presence throughout Maricopa County looking for drivers impaired by drugs and/or alcohol.

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DEA danger warnings; Arizona Laws, Facts, Trends, and Criminal Defense

Novak-Fentanyl-Blog-300x300The National Centers for Disease Control (CDC) reported this year that the USA is facing drug overdose deaths in epidemic proportions.

In the data collected by the CDC, it was concluded that overdoses increased 137 percent over the last decade.

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Mesa Police Department Squad CarOne of least understood and most commonly charged crimes in Arizona is “Failure to Comply with a Lawful Order” in violation of Arizona Revised Statutes (ARS) section 28-622(A). The crime is classified as a class 2 misdemeanor. The statute provides:

28-622. Failure to comply with police officer…

  1. A person shall not wilfully fail or refuse to comply with any lawful order or direction of a police officer invested by law with authority to direct, control or regulate traffic. (“Willful” and its variations are spelled “wilful” in the statute, an accepted but archaic spelling in American English.)
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Medical Marijuana and PrescriptionsOn November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired. Jokingly called the “Driving While a Habitual User of Marijuana,” these prosecutions are no joke.

Although the responsible use of cannabis for medical purposes has largely been decriminalized in Arizona, prior to this decision the DUI laws effectively made it a crime to drive as a medical marijuana patient (even after the impairing effects faded and disappeared). In other words, using medical marijuana should not automatically be a DUI when there was no actual impairment at the time of driving.

The decision in Dobson v. McClennen didn’t make either side happy. The defense wanted a ruling that Medical Marijuana Patients were immune from the “per se” version of DUI under § 28–1381(A)(3). On the other hand, the prosecution wanted a ruling that a positive blood test meant an automatic “per se” DUI conviction under § 28–1381(A)(3). The Court rejected both positions and came up with a middle ground that leaves many of the complicated issues surrounding driving after consuming medical marijuana unresolved.

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Plus 3 Safety Tips for Drivers to Begin Your Year-End Holiday Festivities  

halloween final 1563652-1280x960This holiday season we wish to remind Arizona drivers that the new ban on Texting and Driving in Tempe AZ is in effect.

Tempe joined Phoenix, AZ, and several other cities to ban texting and driving with what is being called the toughest law in the State.

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Four defenses used to challenge flakka and other synthetic drug charges in Arizona; laws, penalties; and what you need to know about Flakka. 

pills-tablets-3-1524565Each day we are learning more about the deadly effects of the new street drug “flakka” – a drug described as being so dangerous, that even dealers and those suffering from drug addictions are afraid to use it.

The DEA reported an alarming 780 percent increase in cases over the last three years, largely due to its affordability and accessibility.

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♦ Little-known facts revealed, and why they matter.♦

“Underage Drinkers at Highest Risk of Fatal Accidents, Arrests – New Studies Find Links between Youth Alcohol Abuse, Learning Disabilities and Long-Term Brain Impairments.”

Dont Drink and DriveOver the last decade the National Safety Council (NSC), and The National Highway Traffic and Safety Administration (NHTSA) have reported Independence day and the New Year Holiday as being the deadliest driving days of the year.

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“Though non-criminal explanations for a driver’s conduct might exist, there is no additional requirement [under the Fourth Amendment] that the investigating officer expressly rule them out.”

Close-up of the opening clause of the preamble to the US Constitution.Many criminal cases start with a traffic stop by police.  However, police and law enforcement officers are not allowed to simply pull drivers over arbitrarily.  To make a stop, police must have reasonable suspicion that a crime has occurred or is in progress. In a recent Arizona Supreme Court decision the Justices examined the reasonable suspicion standard.  The ruling in the case, released June 4, 2015, found that “reasonable suspicion” does not entail officers being required to eliminate possible innocent explanations for suspicious behavior.

Overview and Case Summary