Legal Question in Criminal Law in Arizona

My girlfriend and I went to the donation bin to drop off some clothes. When we arrived we notices a small office desk and a computer table among what looked to be a whole apartment furnishings set down around the bin. There is a sign posted not to dump items outside of the bin. After dropping off the clothes we decided to tale the two desks. After loading one and in the middle of taking the screws out of the other a police car rolled up. He said that it was ok to drop off, but it was theft to take. I offered to remove the one desk from the car but he said hold on as he ran our names. Everything came back fine and he said is there anything in the car he should know about because since there was a theft he had the right to search the vehicle. He did not ask permission. In my girlfriends purse he found a pipe with residue on it and arrested her for possession of dangerous drugs and possession of pariphinalia. Was that a legas search or should the judge bw asked to suppress the evidence?


Asked on 5/31/11, 12:01 pm

1 Answer from Attorneys

Craig Orent Orent Law Offices, PLC

Based only on the summary of facts that you provide, there is an argument to be made that the search of your girlfriend's purse was improper. That is not to say that a judge would agree and that the evidence would be suppressed; but it is something that should be considered in deciding how to approach the case and certainly should be explored further with an attorney.

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Answered on 5/31/11, 9:47 pm


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