Arizona DUI & Criminal Defense Attorney Blog
When facing criminal charges in Arizona, it’s essential to understand not only the trial process but also strategies to protect the potential avenues for appeal. In a recent judicial opinion, the Arizona Court of Appeals addressed a defendant’s arguments surrounding the legality of his arrest after he was convicted of a drug charge and later and petitioned the court with an appeal.
Preserving Arguments for Appeal
One of the fundamental principles of the legal system is the preservation of arguments for appeal. In the recently decided case, the defendant raised several issues during his trial, including a motion to suppress evidence. However, the court emphasized that arguments made for the first time on appeal are typically waived unless there is a fundamental and prejudicial error.
The defendant first argued at trial that the officer violated his Fourth Amendment rights when conducting a search using a law enforcement database. However, the court ruled that individuals do not have a reasonable expectation of privacy in such databases, leading to the denial of his motion to suppress evidence. Because the defendant properly preserved the issue, the appellate court addressed the defendant’s arguments, although they were rejected as the trial court made no error.
Body Camera Usage Policies
Another significant aspect of the case was the issue of police body camera usage. According to the facts discussed in the appellate opinion, the arresting officer had turned his body camera off for significant portions of his interaction with the defendant. On appeal, the defendant argued that the officer’s failure to activate his body camera immediately resulted in a due process violation. However, the court first ruled that this issue was not properly preserved for appeal, and when evaluating the claim for plain error, emphasized that absent bad faith on the part of the officers, such failures do not constitute a denial of due process.
In Arizona, the policy regarding body camera usage allows for discretion on the part of law enforcement officers. While it is encouraged for officers to activate their body cameras during interactions with suspects or members of the public, brief and inadvertent failures to do so are typically considered negligent rather than acts of bad faith. As a result of the Court of Appeals decision, the defendant’s conviction will stand.
Have You Been Arrested in Arizona?
If you have been arrested or charged with any crime in Arizona, the prosecution will try and use whatever tricks they can to build their case against you. Fighting criminal charges in Arizona often requires challenging the admissibility of evidence submitted by the prosecution. The experienced criminal defense attorneys with the Law Office of James E. Novak know how to use evidentiary rules to force the exclusion of inculpatory evidence, and we can help you have your case dismissed. If you have questions or are facing charges, contact us and we’ll start working on your defense today. To schedule a free consultation and discuss your case, call 480-413-1499.