Articles & Publications

Dennys Rodriguez v. United States: New Protection for Car Drivers from Unconstitutional Search and Seizure

The United States Supreme Court’s decision in Dennys Rodriguez v. United States, 575 U.S. ____ (2015), issued April 21, 2015, gives defendants and defense attorneys a powerful new tool to suppress evidence discovered after a routine traffic stop should have ended. This case establishes the rule that "a police stop [...]

2018-02-27T17:51:05+00:00 May 12th, 2015|Articles & Publications, Case Summaries|

The Homeowner Advocate’s Tool Box: Forcible Detainer Actions and New Age Real Estate Group AZ

Forcible detainer actions involving trustee’s sale claims must be brought in Superior Court, held the Maricopa County Superior Court on January 6, 2014 in New Age Real Estate Group AZ v. Oscar Quintana Perez.  Like many purchasers at trustee sales, New Age Real Estate Group AZ filed their forcible detainer action [...]

2014-10-10T20:09:13+00:00 October 10th, 2014|Articles & Publications|

Show me the Note: New Defense for Arizona Homeowners

Show-me-the-note is now a recognized defense for Arizona homeowners facing foreclosure, decided the Arizona Court of Appeals on January 30, 2014 in Steinberger v. McVey. The show-me-the-note mortgage foreclosure defense alleges that, despite the borrower being in default on the loan, the foreclosing party is neither the beneficiary nor the trustee [...]

2014-10-03T19:48:28+00:00 October 3rd, 2014|Articles & Publications|

AZ Supreme Court: Non-Impairing Marijuana Metabolites Cannot be Basis for DUI Conviction

A divided Arizona Supreme Court significantly limited the scope of Arizona Driving Under the Influence laws in a decision published last week. Under the pertinent section of the DUI statute, driving is prohibited “While there is any drug…or its metabolite in the person's body.”  A.R.S. § 28-1381(a)(3).  Past Arizona cases [...]

2018-02-27T17:51:33+00:00 April 30th, 2014|Articles & Publications, Case Summaries|

AZ Court Concludes GPS Planted on Borrowed Car Violates 4th Amendment of Driver

Division One of the Arizona Court of Appeals issued a ruling restricting police official use of GPS devices for monitoring purposes.  The Defendant was the target of a drug investigation based on information gained from informants.  When police heard that the Defendant borrowed another person’s vehicle to make “drug runs” [...]

2018-02-27T17:51:41+00:00 April 23rd, 2014|Articles & Publications, Case Summaries|

Hit by a Beer Truck? The Heightened Complexities of Commercial Accidents

Most people have been involved in an auto accident at some point in their driving lives.  Often, in a simple fender-bender, the drivers simply exchange phone numbers and insurance information.  While that may be sufficient in certain cases, it is insufficient in an accident involving commercial vehicles.  Generally, in a [...]

2014-04-08T21:00:38+00:00 April 8th, 2014|Articles & Publications|