4th Amendment
The starting point for most DUI investigations is the stop of the defendant’s vehicle by a police officer. An officer must have a legally acceptable reason to stop a vehicle. If a judge decides there was not a legally acceptable reason then all evidence obtained from the stop must be suppressed, meaning cannot be used…
6/2/16 In State v. Kyle Andrew Stoll, No. 2 CA-CR 2015-0280, the defendant was charged with an aggravated DUI after a vehicle he was operating was stopped by a deputy sheriff solely for a violation of Arizona Revised Statute 28-931.C. 28-931.C provides: C. All lighting devices and reflectors mounted on the rear of any…
5/9/16 In State v. Anthony Benard Primous, Ct. Apps., No. 1 CA-CR 15-0181 (5/5/16) the defendant was charged with possession of marijuana which was found on his person after he was searched by a Phoenix Police Officer. In the trial court the defendant filed a motion to suppress the use of the marijuana by alleging…
4/21/16 We are supposed to be free from unreasonable searches and seizures, and searches of a person, their body, and their property, without a warrant and without exigent circumstances are unconstitutional. However, a number of states (which does not include Arizona, thankfully) have made it a criminal offense to refuse to submit to blood or…
2/24/16 US Supreme Court Rules 911 Call with Limited Corroboration Can Justify the Stop of a Motor Vehicle For DUI. The fourth amendment to the United States Constitution protects people from unreasonable searches and seizures. Information the police receive in anonymous 911 calls by themselves cannot serve as a legal basis to justify the…