Law Applicable to Drug Cases

An articulable suspicion of criminal activity allows a brief investigative detention, In Re: Roy L., 1 CA-JV 99-0097 (Ariz.App. 2000).

An investigative detention becomes an arrest when a "reasonable person would have believed that he was not free to leave (Florida v. Rover, 460 U.S. 491, 499 (U.S. 1982))."

After the suspect invokes his right to counsel, police can not question the suspect further unless the suspect initiates conversation, State v. Eastlack, 180 Ariz. 243 (Ariz. 1994).

Police may conduct a pat-down search prior to arrest only if justified the suspect is armed, State v. Valle, 1 CA-CR 98-1024, LOIS page 3 of 9 (Ariz.App. 2000).

When a suspect has exited his vehicle. After an amount of time has elapsed a search of the suspect's vehicle is not incident to arrest and requires a warrant, State v. Gant, 202 Ariz. 240 (Ariz.App. 2002).

Government agents need a warrant to search your home, Fourth Amendment.

If the search of a home is without warrant, the government has to establish exigent circumstances, Coolidge v. New Hampshire, 403 U.S. 443 (1971).

There are four exigent circumstances (1) consent, (2) emergency, (3) hot pursuit and (4) probability of imminent destruction of evidence, State v. Cook, 115 Ariz. 188 (Ariz. 1977).

Consent to search has to be voluntary, Bumper v. North Carolina, 391 U.S. 543 (1968).

Probation for 1st and 2nd time proposition 200 drug possession, A.R.S. 13-901.01.

Possession requires a usable quantity, State v. Moreno, 92 Ariz. 116 (Ariz. 1962).

Informants can be revealed, State ex rel Berger, 106 Ariz. 106 (Ariz.App. 1970).

Can not possess more than 24 grams of Psuedoephedrine, A.R.S. 13-3404.01.

Possession of equipment and chemicals to manufacture Methamphetamine is an included offense in manufacturing, State v. Welch, No. 1 CA-CR 99-0324 (Ariz.App. 2000).

A "[s]erious drug offender" can get 25 to life in prison, A.R.S. 13-3410.