Search and Seizure
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…
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…
4/1/16 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…
2/19/16 Arizona police may get a blood sample from a person if taken for medical purposes unless the person unambiguously, clearly and expressly rejects medical care. 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…
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…