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Category: Search and Seizure

Eve of Trial Evidence

March 25th, 2015

Defense Attorney: “I am moving to suppress the officer’s testimony.”

Prosecution: “Why? We disclosed the evidence as soon as we got it.”

-Flashback 12 hours-

It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there

Court holds that cell-site data protected under Fourth Amendment

October 17th, 2014

The Florida Supreme Court just addressed an issue with national implications. This week’s decision in Tracey v. Florida, addresses the issue of:

“[W]hether accessing real time cell site location information by the government in order to track a person using his cell phone is a Fourth Amendment search for which a warrant based on probable cause is required…” …

Supreme Court Upholds Warrantless Apartment Search

February 26th, 2014

The U.S. Supreme Court, in Fernandez v. California, has upheld the warrantless search of an apartment when the suspect objected, but his girlfriend (and co-occupant) consented to the search after the suspect was arrested.

The court made an exception to its prior decision in Georgia v. Randolph, which held police cannot search a home when one person …

Arizona Drug Law: Cheat First And Search Later

June 23rd, 2010

Drug sniffing dogs – you see them at the airport, the bus station, and on television. They serve an important purpose for law enforcement and the public. That is, they smell drugs when humans cannot. Moreover, the dogs do it in a manner that is not invasive to the people being search. However, there are some rules, like the …

Arizona Drug Law: I Bet You Never Knew How Important Your Blinker Was

June 17th, 2010

When being stopped by an officer there are many things that go through a driver’s head. “Was I speeding?” “Is there a taillight out?” “Did I swerve?” On the other hand, most people don’t usually think “did I use my blinker appropriately.” However, the issue of the appropriate use of a blinker, was one of the primary questions decided …

Arizona Criminal Defense Lawyer Blog

The Arizona Criminal Defense Lawyer Blog is published by Koplow Law Firm. Our criminal practice experience includes a wide variety of defense representation and cases; and is led by Lawrence Koplow, a former prosecutor with the Maricopa County Attorney's Office.

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