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Yesterday federal prosecutors announced they are proceeding with criminal contempt-of-court charges against Maricopa County Sheriff Joe Arpaio, for his conduct in the Melendres, et.al. v. Arpaio, et.al. civil class action lawsuit. A US Department of Justice attorney stated investigation of obstruction of justice charges is ongoing, though no charges will now be filed. The…
Arizona Supreme Court holds the owner of a cell phone does not lose their privacy expectation in the contents of their cell phone by leaving the phone unlocked in another person’s apartment. Arizona Supreme Court also held that an overnight guest in another person’s residence does not lose their expectation of privacy in their…
A second opposition to Arizona civil forfeiture laws has been filed by the Institute of Justice. Touted as an important weapon with which the State can combat crime, by operation of law police can seize and institute forfeiture proceedings against property found incident to a criminal arrest, including property that does not belong to…
Though state law varies greatly, many states including Arizona restrict or remove the right to vote from persons convicted of felony criminal charges. A recent report by criminal justice reform group the Sentencing Project estimates more than six million Americans will be excluded from voting in the upcoming presidential election, though only about 1/4…
Deputy Maricopa County Attorney Juan Martinez last week was ordered to one year probation stemming from charges filed by the Arizona Attorneys for Criminal Justice (AACJ) association late last year, to which he has filed an appeal. The AACJ charged Mr. Martinez with misconduct spanning a decade and 11 cases of murder, including the…
New technology may soon be available which gives police the ability to detect both alcohol and marijuana impairment by breathalyzer. Hound Labs, Inc., an Oakland, California-based company, has developed a proprietary technology which reportedly overcomes the difficulty of distinguishing, via a breath sample, between a person who merely has residual THC in their system and…
Arizona, unlike California (see recent legislation here, and a recent article here), does not have a statute banning use of electronic devices while driving for any purposes. Bills introduced in the State Legislature in 2015 and 2016 were not passed. Some cities, such as Tempe, have enacted limited restrictions on the use of electronic devices…
A recent Associated Press investigation documents the abuse nationwide of confidential law enforcement database information by police and other government employees. Public records requests uncovered more than 325 such instances leading to the firing, suspension or resignation of police or state employees between 2013 and 2015 alone. Records provided were reportedly incomplete at best,…
Following a shocking incident September 13th during which a man was told by police to swallow marijuana in order to avoid being arrested and taken to jail, 3 City of Phoenix Police officers have resigned, and a fourth officer has been demoted for not taking appropriate action once he learned of the incident. Phoenix…