On Friday, a three panel Appellate Court ruled that those on probation could still use medicinal marijuana.   This assumes of course that the individual on probation has a valid medicinal marijuana patient card.  The case in question involved an appeal of a Cochise County Superior Court, ruling that denied a drug-case probationer’s request to…

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In the case of Plumhoff v Rickard, the SCOTUS expands police use of deadly force when involved in high speed chases.  In this case, officers were pursuing a vehicle in a high speed chase.  In attempt to stop the vehicle, officers fired multiple rounds into the vehicle, hitting the driver and passenger and contributing to their respective…

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Is The Warrant-less Use of “GPS” Surveillance Unconstitutional?  That is the question Arizona Court of Appeals Division One recently answered. Thomas Mitchell appealed a conviction of transportation of dangerous drugs for sale and other related drug charges. (State v Mitchell).  Mitchell argued that the trial court erred in allowing the State to enter evidence the…

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Earlier today, azcentral.com, released early Phoenix DUI statistics for the weekend’s St. Patrick’s Day activities.   There were 223 DUI arrest on Friday and Saturday alone.  The average BAC was above .150, which under Arizona law constitutes an extreme DUI.   The actual number was 81/233 (35%) arrest were extreme.  Which means there is a…

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Apparently In Massachusetts It Is Legal To Take Up Skirt Pictures.  Now there is a limitation, the up the skirt picture must be of a fully clothed woman, meaning she must have on some form of underwear.  Massachusetts’ high Court recently held that the State’s peeping Tom law did not make it illegal to unknowingly…

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It is that time of year again, whether you celebrate Christmas, Hanukkah, Kwanzaa or Festivas (for those of you who are Seinfeld fans), everyone is likely to attend some sort of holiday party.  Whether the holiday party is work sponsored or group of friends it is prudent to take steps for the party  host to…

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David Eckert, a resident of Deming N.M. is seeking summary judgment on his Civil Rights claims against the City of Deming and Deming police officers Bobby Orosco and Robert Chavez.  The lawsuit arises out of an arrest and search incident to that arrest.  Mr. Eckert was leaving a Wal-Mart in Deming, NM when he was…

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Every law student studies the concept of a “Terry Stop” in criminal procedure.  It enables law enforcement to briefly detain an individual whom the law enforcement officer has a reasonable suspicion that the individual is criminal activity.  It also enables the officer to a limited pat down or frisk to determine that the individual is…

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