STATE v. SANCHEZ

No. 5036-PR.

128 Ariz. 525 (1981)

627 P.2d 676

STATE of Arizona, Appellant, v. Gilbert Leonard SANCHEZ, and Tony Galaz Valenzuela, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 5, 1981.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., Barbara LaWall, D. Jesse Smith, Deputy County Attys., Tucson, for appellant.

Bertram Polis, Tucson, for appellees.


GORDON, Justice:

Appellees were indicted by a Pima County Grand Jury for unlawful possession of marijuana for sale and conspiracy in the first degree. Before trial, their motion to suppress evidence seized in the search of a house was granted in Pima County Superior Court on the sole ground that the officers who executed the search warrant failed to comply with the requirements of A.R.S. § 13-3916(B):

"An officer may break into a building, premises,...

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