DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer
facebook.com/MyDUI

  to fill out a simple form to connect to DUI Lawyers in your area.

State v. Acosta

11/13/1990

closed backpack, found drugs and other evidence. The Court held that the evidence, discovered in the course of a reasonable, warrantless inventory search, was admissible. It did not matter that the defendant had an expectation of privacy in the backpack. The Court found it unnecessary to require the police, before conducting an inventory of a container, to weigh in every case the individual's privacy interest against the possibility that the container might hold valuable or dangerous items. The Court emphasized the existence of standard criteria to support the search. 479 U.S. at 375, 107 S.Ct. at 743. It noted that its "decisions have always adhered to the requirement that inventories be conducted according to standardized criteria." 479 U.S. at 374 n. 6; 107 S.Ct. at 742 n. 6. See Florida v. Wells, U.S. , 110 S.Ct. 1632, 1635, 109 L.Ed.2d 1 (1990) (otherwise valid inventory search may not extend to the opening of closed containers in absence of policy permitting such opening). As stated in 3 W. LaFave, Search and Seizure, § 7.4(a) at 109, " hat is needed in the vehicle inventory context, then, as is true of many other types of inspections or regulatory searches, is not probable cause but rather a regularized set of procedures which adequately guard against arbitrariness." Because this record is void of evidence with regard to the nature and scope of DPS inventory searches, we have no way of knowing whether such a search would have "inevitably" led to the discovery of the cocaine.


When reviewing a motion to suppress, the trial court's ruling shall not be disturbed absent clear and manifest error. State v. Hicks, 133 Ariz. 64, 73, 649 P.2d 267, 276 (1982); State v. Dungan, 149 Ariz. 357, 363, 718 P.2d 1010, 1016 (App.1985). The trial court will be upheld if it makes the right ruling, even if for the wrong reason. State v. Perez, 141 Ariz. 459, 464, 687 P.2d 1214, 1219 (1984); State v. Harris, 152 Ariz. 150, 151, 730 P.2d 859, 860 (App.1986). For the above reasons, the trial court was correct in granting the motion to suppress, and we affirm that ruling.






Page 1 2 3 4 5 6 

Arizona DUI Attorneys    DUI Lawyers


  to fill out a simple form to connect to DUI Lawyers in your area.

FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Partner Websites  |  Draeger FAQ
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Trading Partners | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | DUI Forum | Directory of DUI Attorneys | Success Stories  | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.