Tucson DUI & Criminal Defense Blog

On Friday, August 19th United States District Court Judge G. Murray Snow, Phoenix, referred for prosecution Maricopa County Sheriff Joe Arpaio, Chief Deputy Jerry Sheridan, Captain Steve Bailey, and Attorney Michele Iafrate. Previously, Judge Snow had held Maricopa County Sheriff Joe Arpaio and three others in contempt for disobeying orders meant to curtail racial profiling […]

On June 14th, in US v. Christie, No. 14-10233  the Ninth Circuit affirmed the conviction of two ministers of the “Hawaii Cannabis Ministry” for violations of the Controlled Substances Act (CSA). Reverend Roger Cusick Christie founded the “Hawaii Cannabis Ministry,” envisioning the congregation as “a community wherein cannabis could be celebrated as a sacrament.” See […]

in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833, 878 (1992), a plurality of the U.S. Supreme Court, extending Roe V. Wade, held that a state cannot place an “undue burden” on a woman’s right to have an abortion; consequently, a provision of law is constitutionally invalid.

During the chaotic moments of arrest some citizens struggle or ‘resist’ the efforts of police; however, what happens when multiple officers are involved in an arrest and the arrestee resists them all?   Do individual officers each constitute a separate charge of resisting arrest? In State v. Jurden, No. CR–15–0236–PR, 2016 WL 3600262, at ¶1 (Ariz. […]

On May 27, 2016 the American Civil Liberties Union (ACLU) lodged a formal complaint with the U.S. Department of Homeland Security, calling for an investigation into “unchecked abuse” at the southwest U.S.-Mexico border. The complaint outlines thirteen specific instances of abuse.  Among the most striking are those concerning an eleven year old boy who allegedly had […]

In Hernandez-De La Cruz v Lynch, 819 F.3d 784 (5th Cir. April 26, 2016), the Fifth Circuit affirmed in part the denial of Hernandez-De La Cruz’s applications for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, which allows for withholding of removal if, “the applicant would face other serious harm in […]

Federal law prohibits certain categories of individuals from purchasing or possessing firearms. Some of these categories (felons, fugitives from justice) might be familiar to you. Others (individuals convicted of misdemeanor crimes of domestic violence, individuals subject to domestic violence restraining orders), may not be. On Monday, June 27, the United States Supreme Court, in Voisine […]

On Monday June 20, 2016 in Utah v. Strieff, 136 S.Ct. 1001 (Feb. 18, 2016) the United States Supreme Court held evidence will not be precluded when it is procured after a police stop, regardless of the stops legality, if the suspect has an outstanding warrant. In 2006, Officer Fackrell was watching a house for […]

On Tuesday April 5, 2016 the Ninth Circuit held that Arizona must continue to issue driver’s licenses to young undocumented individuals applying for relief under the Dream Act or DACA. See opinion issued on April 5, 2016 In January 2015, District Judge David G. Campbell issued a permanent injunction, blocking an executive order by former Gov. Jan Brewer that barred […]

Since the passage of the Arizona Medical Marijuana Act (AMMA) in 2010, we have seen a sharp increase in DUI-marijuana arrests. The potency of modern dispensary marijuana, greater than commercial grade, may be a factor. This article will clarify the current state of Arizona DUI-marijuana laws.