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STATE v. McCULLAR

No. 2557.

110 Ariz. 427 (1974)

520 P.2d 299

STATE of Arizona, Appellant, v. William Marlin McCULLAR and Louis Vince, Appellees.

Supreme Court of Arizona, In Division.

March 27, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., and Moise Berger, Maricopa County Atty. by James C. Martin, Former Deputy County Atty., Phoenix, for appellant.

Leonard J. Mark, Phoenix, for appellee McCullar.

Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Former Deputy Public Defender, and John Foreman, Deputy Public Defender, Phoenix, for appellee Vince.

STRUCKMEYER, Justice.

This is an appeal by the State from an order of the Superior Court of Maricopa County granting a motion to suppress evidence concerning 36 kilos of marijuana. We hold the motion to suppress was erroneously granted.

On February 20, 1972, five police officers from the Metropolitan Enforcement Group, Denver, Colorado, were staying overnight at the Rodeway Inn in Phoenix, Arizona. While on their way to dinner, they picked up a hitchhiker...

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