Articles Posted in Drug Laws

Facing criminal charges can be a daunting experience, especially when evidence is obtained through search warrants. There are several difficulties associated with challenging search warrants in Arizona criminal cases. A recently decided appellate case sheds light on the complexities involved in suppressing evidence obtained through GPS tracking devices, and helps demonstrate the importance of a…

Law enforcement agencies often use traffic stops or other small municipal code violations as a pretext to investigate a suspect for more serious criminal activity. Many arrests and convictions for serious crimes occur only after a law enforcement officer has stopped or detained a suspect for a less serious offense, and decided to expand the…

Over the past decade, more states are coming to realize the detrimental—and unfair—effects that result when applying existing laws. For example, laws imposing mandatory minimum punishments, the system’s failure to account for mental health issues (including addiction), and harsh collateral consequences that come along with a conviction have all started to get a second look.…

Challenges for drug trafficking charges can be made on several fronts. Here are three uncommon defenses used in a recent Arizona Court of Appeals case:
1) Batson Challenge (Trial procedure defense)
2) Search was not within scope of consent (Constitutional challenge)
3) Contesting of expert testimony on drug-courier profiling (Evidentiary challenge)
This article also provides a case summary, penalties and criminal defense for drug trafficking charges in Mesa AZ.

The Arizona Supreme Court recently considered whether the smell of marijuana was enough to establish probable cause for the purpose of issuing a search warrant in light of the Arizona Medical Marijuana Act (AMMA).
The AZ Supreme Court ruled that Marijuana odor can establish probable cause, unless there are other facts that would cause a reasonable person to believe that AMMA authorized the use of marijuana.
Before this case the standard for probable cause was what the Arizona Supreme Court described as marijuana “odor plus”.
It meant that the odor of Marijuana does not necessarily denote criminal activity, and that it was insufficient by itself to provide probable cause for a search warrant. Other circumstances needed to exist beyond the mere smell of marijuana to find probable cause.
But with the case we will be outlining here, the Arizona Supreme Court has reversed the Appeals Court’s Decision.
The Arizona Supreme Court adopted what they referred to as the “odor unless” standard. By this, the Court means that Marijuana odor itself justifies probable cause unless there is indication that the suspect’s activities are in compliance with the AMMA guidelines.
We will take a closer look at the case and its impacts on Arizona by featuring the following topics:
• Overview of Arizona Supreme Court Case;
• Impact of Ruling on Arizona;
• Questions & Answers;
• Criminal Defense Topics related to Marijuana Charges

In a recent case the Arizona Supreme Court held that the entrapment defense afforded under A.R.S. 13-206, is reserved for cases in which the defendant admits to the substantial elements of the crime.
Put simply, this means that if the defendant wishes to gain an acquittal through use of the entrapment defense, they must admit that they committed the crime for which they are charged.
It doesn’t matter how much police deception or inducement was involved; unless the defendant is willing to admit to the substantial elements of the crime, the entrapment defense will not apply. Other resources include: Q & A,; burden of proof for entrapment laws; how to apply the entrapment defense; statutory elements of entrapment laws in Arizona; 10 defenses in addition to entrapment for drug crimes.

In a recent Arizona Supreme Court drug case, a man convicted of 11 drug-related crimes was sentenced to concurrent, consecutive presumptive terms of imprisonment. The defendant appealed, challenging five convictions related to violations of A.R.S. § 13-3417(A) to facilitate or conspire to commit felony drug crimes. In this article we provide an overview of the…

Overview of AZ HB 2489: Combatting Heroin Overdoses A bill we have been following closely, AZ HB 2489 was passed on April 10, 2015. The expected effective date is July 3, 2015. Arizona now joins 26 other US states that have passed similar legislation. First responder’s administration of opiate reversal injections, have been credited with…

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This allows police to make a…