[Download] "State v. Houpt" by Arizona Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Houpt
• Author : Arizona Court of Appeals
• Release Date : January 23, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

On August 26, 1990 at 10:19 p.m., Officer Phillip Young of the Tucson Airport Authority Police received information from a "reliable source," inferentially an American Airlines ticket agent, that defendant had just checked an unusually heavy suitcase while purchasing for cash a ticket to Louisville, Kentucky. Officer Young examined the bag, a large black nylon suitcase weighing twenty-six pounds, and another officer called for a narcotics detection dog. He then went to the concourse where defendant was waiting to board his flight. Defendant, Young testified, appeared extremely nervous. At 10:43 p.m., Young approached defendant, told him he was conducting a narcotics investigation, gave him Miranda warnings, and asked to see his ticket and identification. At 10:47, Young was told that the detection dog had alerted when examining defendants suitcase. Defendant was arrested. His suitcase was searched pursuant to a warrant and twenty-six pounds of marijuana was recovered. That marijuana was suppressed by the trial court because there was not reasonable suspicion to stop defendant for inquiry. While we agree that there was not reasonable suspicion, we reverse the trial courts order because the discovery of the marijuana was not the result of anything learned during the illegal stop.

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