STATE v. ARELLANO

No. 2710.

110 Ariz. 434 (1974)

520 P.2d 306

STATE of Arizona, Appellant, v. Manuel ARELLANO, Manuel Ballesteros, and Bernie Quintana, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied April 16, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, Dennis DeConcini, Pima County Atty., by Ronald J. Stolkin, Deputy County Atty., Tucson, for appellant.

James L. Robinson, Jr., Tucson, for appellee Arellano.

Ed Bolding, Former Pima County Public Defender by Eric Cahan, Deputy Public Defender, Tucson, for appellee Ballesteros.

Walter B. Nash, III, Tucson, for appellee Quintana.


HOLOHAN, Justice.

This matter comes before us on appeal by the State from an order of the Superior Court of Pima County granting defendants' motion to suppress evidence seized by detectives of the Tucson Police Department on August 25, 1972.

The question presented in this appeal is whether the warrantless search of the automobile in which defendants were riding was justified.

The facts are not in dispute. At approximately 4:00 p.m. on August 25, 1972...

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