People in the United States, including Arizona residents, expect a right to privacy within their own property. The wording of the U.S. Constitution expressly forbids police officers from conducting “unreasonable” search and seizure, which means they cannot enter private property without a warrant. However, for centuries, court cases have attempted to define the parameters of… read more
In Arizona, spouses are treated differently when it comes to courtroom testimony compared to unrelated individuals. The marriage contract between two parties is a legal contract as well as an emotional bond. Arizona considers this bond a privilege when it comes to testifying in both criminal and civil cases. Just as in other privileged relationships… read more
Like most states, Arizona takes drinking and driving seriously. Driving while impaired can have deadly consequences as well as stiff legal penalties. Arizona also seeks to limit the risk of drunk drivers on the roadways by prohibiting open containers of alcohol in vehicles. You do not have to be intoxicated in order to face charges… read more
Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v. Alfonso… read more
Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary Event… read more
