AZ Court of Appeals
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…
2/8/16 The Arizona Court of Appeals has ruled that a Victims’ attorney cannot privately prosecute in a criminal case. In Lindsey v. Cohen a private attorney represented the victims. The victims’ private attorney tried to act as attorney for the victims at a restitution hearing within the criminal case. The Court of Appeals said that…
2/8/16 Arizona Court of Appeals rules that blood sample was lawfully taken from an arrested DUI suspect when taken for medical purposes, even though the police had time to obtain a search warrant. Arizona law provides that blood samples from a DUI suspect may only be obtained by the suspect’s consent, with a search warrant…
2/8/16 Court of Appeals rules giving DUI suspect 20 minutes is long enough to comply with rule allowing suspect to consult with attorney prior to submitting to chemical tests. Arizona court rules mandate a person arrested for DUI must be permitted to consult with an attorney prior to being required to submit to chemical testing…