AZ Court of Appeals
4/1/16 Police Cannot Delay Concluded Traffic Stop to Conduct Dog Sniff Search The police may stop a motor vehicle when a suspected traffic violation has been committed. Once the traffic violation investigation has ended the police may not continue to detain the occupants of the vehicle, unless the police have reasonable suspicion to believe the…
3/31/16 In Arizona, the misdemeanor charge of Unlawful Imprisonment is knowingly restraining another person where the victim is released voluntarily by the defendant without physical injury in a safe place before arrest. In a recent case from the Pima County Justice Court, a defendant so charged sought to have a jury trial. In Arizona a…
3/4/16 In a jury trial the judge is required to instruct the jury on the law and evidence they must consider. These instructions may be given at the beginning of the case and must be given at the conclusion of the evidence, before the jury retires to decide the case. A jury instruction must…
3/4/16 Arizona Court of Appeals says DUI jury instruction stating the breath test machine was working properly before and after the defendant’s tests was not improper. In a jury trial the judge is required to instruct the jury on the law and evidence they must consider. These instructions may be given at the beginning…
3/2/16 In Arizona a person arrested for DUI has the right to consult with an attorney prior to submitting to the chemical tests as long as that consultation does not interfere with the ongoing police investigation. If the police do interfere with the person’s right to counsel the usual remedy is suppression of the use…
2/25/16 Arizona Court of Appeals holds that an element of a Driving On Suspended License charge is that the defendant knew or should have known their license was suspended. In Arizona a person can be convicted of the class 1 misdemeanor criminal offense of driving on a suspended license (DOSL). If found guilty, the…
2/22/16 180-day jail sentence for second offense misdemeanor .20% Extreme DUI is not unconstitutional because it is greater than the 4-month minimum sentence than for a felony DUI. The mandatory minimum sentence for a second offense misdemeanor .20% Extreme DUI is 180 days in jail. The mandatory minimum for a Class 4 felony DUI…
2/19/16 Arizona Court of Appeals holds odor of marijuana can justify probable cause notwithstanding AMMA. In State v. Cheatham, the Arizona Court of Appeals held that the Arizona Medical Marijuana Act (AMMA) does not prevent police officers from using the odor of burnt marijuana as probable cause to justify a search. In Cheatham the…
2/19/16 Arizona police may not get a blood sample from a person using the Medical Purposes statute by threatening to arrest the person. Arizona Revised Statute 28-1388(E) allows the police to obtain a blood sample taken from a person without the person’s consent if probable cause exists that the person committed a crime and…