Mark F. Willimann (argued), The Law Office of Mark F. Willimann, LLC, Tucson, Attorney for Francisco L. Encinas Valenzuela.
Bruce Washburn , Scottsdale City Attorney, Ken Flint , Assistant City Prosecutor, Scottsdale, Attorneys for Amicus Curiae City of Scottsdale.
Jeffrey D. Bartolino (argued), Law Offices of Jeffrey D. Bartolino, Tucson; and David J. Euchner , Pima County Public Defender's Office, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.
Dean Brault , Pima County Legal Defender, Scott A. Martin , Assistant Legal Defender, Tucson, Attorneys for Amicus Curiae Pima County Legal Defender's Office.
Michelle L. Behan , Nesci & St. Louis, P.L.L.C., Tucson, Attorneys for Amicus Curiae National College for DUI Defense, Inc.
Justice TIMMER authored the opinion of the Court, in which Vice Chief Justice PELANDER and Justices BRUTINEL and BERCH (Retired) joined, and Chief Justice BALES concurred in part and dissented in part.
JusticeTIMMER, opinion of the Court:
¶ 1 Although the Fourth Amendment generally prohibits warrantless searches, they are permitted if there is free and voluntary consent to search. Schneckloth v. Bustamonte,412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Butler,
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