Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures. This protection extends to a DUI blood test. Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation. Without the…
What is Reasonable Suspicion? Reasonable Suspicion is a standard of proof in criminal law recognized throughout the United States. It refers to the justification needed by police to make an investigative stop. Reasonable suspicion requires more than a hunch, feeling, or guess. This standard requires the police to have an…
A medical marijuana cardholder can raise an affirmative defense when charged with driving under the influence under § 28-1381(A)(3). Recently, an Arizona appellate court considered an important case where the Justices reviewed what it takes to prove this affirmative defense. This article sheds light on some important related criminal law…
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…
No one who drinks expects to get a DUI or be the victim of an alcohol related disaster. It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment. Often people who have been drinking, lose track of how much they…
In any criminal trial, the timing in which the defense theory is presented to the jury, is equally as important as the defense itself. In a recent case decided by the Arizona Supreme Court, the defendant was charged with Marijuana transportation, and challenged the charges using Arizona’s Dress defense. The…
This year marks the 50th anniversary of the landmark decision by the United States Supreme Court Miranda v. Arizona, 1966. Since that time, police have been required to read suspects their Miranda rights while in custody before they are interrogated. The Miranda principle has faced many legal challenges, including when police…
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 Arizona Supreme Court recently considered a case involving the question of whether or not the smell of marijuana was enough to establish probable cause to issue a search warrant. The Court needed to evaluate this issue in light of the Arizona Medical Marijuana Act (AMMA). The AZ Supreme Court…
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…