In Arizona, we recently learned of a tragic story. Police officers answered a domestic dispute, and the suspect was fatally shot by police. When the officer arrived on scene, he encountered a woman outside a home. It was reported that the woman threatened to shoot herself and a friend who was…
Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver…
The aftershocks still linger following U.S. Supreme Court Justice Sonia Sotomayor’s eruptive and indignant dissent in this case: “The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the…
Questions before the Court The Arizona Rules of Criminal Procedure afford parties the right to request a change of judge before trial. …
Imagine the lethal game of “Russian Roulette”, but with different rules of chance. Let’s say the chambers in a revolver with 6 rounds are all loaded with bullets, with the exception of only one chamber. As if the risks weren’t enough in the traditional game. They just increased drastically. Now…
In a recent case ruling the Arizona Court of Appeals upheld a woman’s conviction for possession for sale of methamphetamine and drug paraphernalia. The central issue in the Appeal was whether or not a K-9 drug search of her vehicle was within the scope of a voluntary consent to search she agreed upon. Case Facts…
If you are placed on probation for a drug crime in Arizona, you have a reduced expectation of privacy than you had before. This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search…
“Feeling gratitude and not expressing it is like wrapping a present and not giving it.” -William Arthur Ward The Expert Institute recently announced the results of their 2015 Best Legal Blog Contest.“Thank-you”. Though heard often, these two words carry the utmost sincerity, gratitude and appreciation. Thanks to all…
♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be…
Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants…