Probable Cause

Published on: September 8, 2016

Arizona Supreme Court Rules Marijuana Odor Establishes Probable Cause

Arizona 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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Published on: January 21, 2013

Requirements and Exceptions to Lawful Search Warrants in Arizona

By James E. Novak, P.L.L.C.

Elements of a Valid Search Warrant

Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property.

In order for the warrant to be valid the following elements must exist:

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Published on: July 13, 2012

Criminal Defense Strategies: Motion to Suppress Evidence

By James E. Novak, P.L.L.C.

Motions to Suppress Evidence in DUI or Criminal Charges Gilbert AZ

The Arizona Rules of Procedure for criminal cases governs the procedures and protocol for processing DUI & criminal cases. If retained, your attorney will review your case to determine if any of your rights were violated and what defenses may be used in your case. If one or more exist, they will file a “Motion” for the court’s review.

Motions should have justifiable basis and not be frivolous. If there is cause to suppress evidence in your case, legal advocate will file a “Motion to Suppress” certain evidence that the prosecution plans to use against you. The presiding judge may grant suppression of the evidence. In many cases, suppression of material evidence may lead to a dismissal of charges.

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Published on: May 30, 2012

Defenses Commonly Used for Drug or Medication DUI Charges

By James E. Novak, P.L.L.C.

Arizona Drug DUI – Medication DUI Charges

In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar penalties as those that apply to drunk driving convictions. Even the simple presence of a drug in your system is enough for the Gilbert Police to charge you, if they have probable cause to believe you were driving “impaired to the slightest degree”. Drug DUI offenses charged as Class 1 Misdemeanors. A conviction carries penalties that include 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona

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Published on: February 3, 2012

Probable Cause for DUI Arrest in Phoenix

By James E. Novak, P.L.L.C.

“If there was no “Probable Cause for Arrest”, a good Phoenix criminal defense attorney may be able to get your Phoenix DUI charges dismissed.”

“Probable Cause” for Arrest Standard

“Probable Cause” to arrest is a higher standard than “reasonable suspicion” to stop someone to for DUI or criminal charge investigation. The “Probable Cause” standard is a right that originates from the Fourth Amendment of the United States Constitution. The Fourth Amendment requires that warrants and arrests be supported by “Probable Cause”. In other words, if no “probable cause for arrest” existed, then the arrest was unlawful; an unlawful arrest is a violation of your rights.

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