Legal Question in Criminal Law in Arizona

While on a routine patrol, an Officer heard screaming from within a brick-walled backyard. The officer walked over to the wall and was able to see into the yard, without standing on his toes, where he witnessed two thirteen year old boys in a fistfight. Their clothes were ripped, their eyes were swollen, and their faces were bloody with scratches. The Officer ran to the unlocked gate and entered the backyard, where he broke up the fight and separated the boys.

The Officer then noticed several baggies resting on a patio table, just outside the patio door a few yards away. The officer called for the boys' parents, walking toward the patio's screen door.

The officer could see a white, powdery substance in the baggies as he moved past the table toward the door. A woman exited the house and immediately began explaining the baggies on the table. The officer arrested the woman for drug possession. As he put the cuffs on her, The officer patted her down and found a gun. She was already in handcuffs and no longer a threat to him when he found the weapon.

The Officer did not have a warrant at any time.

Is the drug evidence admissible?

What about the gun? Please explain.


Asked on 11/29/12, 7:59 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Sorry. You'll have to do your own homework.

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Answered on 11/29/12, 8:09 pm
Craig Orent Orent Law Offices, PLC

If you are truly wanting "legal assistance" call me or another attorney. But as the other very insightful attorney stated, if this is your homework, then do it.

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Answered on 11/29/12, 8:11 pm


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