Click for free consultation

Blog

Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously

Posted on December 7, 2021 in

For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was convicted… read more

Read More

Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Posted on December 7, 2021 in

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence…. read more

Read More

Knowingly Possessing Cellphone Was Arizona Felony Promoting Prison Contraband

Posted on December 7, 2021 in

In this appeal from two felony convictions of promoting prison contraband, defendant knowingly possessed a cellphone in the jail or prison facility, but claimed he did not know it was contraband. After harmonizing five statutes, the Arizona Supreme Court held the State must only prove the defendant “knowingly” possessed a cellphone. The prosecution need not… read more

Read More

Arizona Cold Expert Witness on Domestic Violence Not Impermissible Offender Profiling

Posted on December 7, 2021 in

Arizona Supreme Court affirmed felony domestic violence conviction. Trial court did not abuse its discretion in allowing “cold” expert witness testimony on why domestic violence victims often stay in abusive relationships. Expert testimony was not impermissible offender profiling. Arizona v. Mark Haskie, Jr. Felony Domestic Violence in Arizona Law The defendant was convicted of felony… read more

Read More

Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home

Posted on December 7, 2021 in

In Arson case, evidence of a previous fire was admitted to show a common plan or scheme in the burning of an occupied structure which was defendant’s house. Evidence from an anonymous informant was also admitted. Defendant was convicted of arson, a class 2 dangerous felony, and attempted fraudulent schemes and artifices, a class 3… read more

Read More