Tag : evidence

Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously

Criminal Defense

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 […]

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

Criminal Defense, DUI

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. […]

Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home

Criminal Defense

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 […]

Breath Tests Taken Before Defendant Contacted Counsel in Aggravated DUI

DUI

In this Arizona criminal case, defendant was convicted of aggravated DUI. He appealed his conviction, arguing the trial court erred in denying his motion to suppress breathalyzer test results because he was denied the right to counsel; and that the trial court improperly instructed the jury. His conviction was affirmed by the Arizona Court of […]

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