Legal Question in Criminal Law in Arizona

I was arrested for felony possession of marijuana in in Arizona this past June for less than 4 grams of marijuana. The arresting officer, an Arizona State University officer, pulled into the alley as I was taking a much-used shortcut over a railroad track (something I didn't know was illegal at the time). I was stopped, and honestly confessed to having the marijuana in my pocket before being arrested on the spot. I have contacted a private attorney who says that because the ASUPD's jurisdiction extends throughout the state of Arizona, the arrest was unlawful because the arrest took place in the private, no-trespassing area of federal property (the railroad) and the officer made no attempt to contact federal authority. Is there any validity to this possible defense or is it a way of wowing me while convincing me to hire him?


Asked on 2/06/14, 12:24 pm

1 Answer from Attorneys

Not enough specific information as to the discovery and seizing of the marijuana to make an informed opinion. It sounds like you voluntarily disclosed the possession and voluntarily gave it up. The focus should be on these circumstances.

Railroads own the land the tracks are on or lease the land from another company that bought the land from the railroad. The federal government merely regulates train transportation.

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Answered on 2/06/14, 1:51 pm


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