STATE v. McGUIRE

No. 2 CA-CR 221.

13 Ariz. App. 539 (1971)

479 P.2d 187

STATE of Arizona, Appellant, v. Cynthia Ann McGUIRE, Appellee.

Court of Appeals of Arizona, Division 2.

January 12, 1971.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, Rose Silver, Pima County Atty., by William F. McDonald, Deputy County Atty., Tucson, for appellant.

O.G. Marquez, Tucson, for appellee.


HATHAWAY, Judge.

Cynthia Ann McGuire was charged with a misdemeanor — unlawful use of narcotics in violation of A.R.S. § 36-1062, as amended. The state has appealed from an order suppressing evidence, contending that it was seized during a search "incident to a lawful arrest and exigent circumstances surrounding the search and seizure of said evidence justified a search without a search warrant * * *."

During the early morning hours of August 24...

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