STATE v. SUPER. CT. IN & FOR COUNTY OF PIMA

No. 17679-SA.

143 Ariz. 45 (1984)

691 P.2d 1073

STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable William L. Scholl, a Judge thereof, Respondent, and Gene SIMMONS, Mary Miller, Glen Ethington, Jerry Collier, Real Parties in Interest.

Supreme Court of Arizona, In Banc.

Reconsideration Denied January 8, 1985.


Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Frank W. Kern, III, Deputy City Atty., Tucson, for petitioner.

Michael L. Altman, Tempe, and Law Offices of Kelly C. Knop, P.C. by Kelly C. Knop, Tucson, for real parties in interest.


CAMERON, Justice.

This is a special action brought by the State from a decision of the Superior Court of Pima County affirming the granting of defendants' motion to dismiss the complaints against them. We have jurisdiction pursuant to Art. 6, § 5 of the Arizona Constitution.

We must decide the following issue: Were the sobriety checkpoints conducted by the Tucson Police Department between 9 December 1983 and 31 December 1983 constitutional?

The...

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