MULLENEAUX v. STATE

No. 1 CA-CV 96-0286.

950 P.2d 1156 (1997)

190 Ariz. 535

Gary Glen MULLENEAUX and Constance A. Mulleneaux, husband and wife; and Janac, Inc., Plaintiffs-Appellants, v. STATE of Arizona; State of Arizona, Office of the Attorney General, an agency of the State of Arizona; Grant Woods, Attorney General, both individually and in his official capacity; Michael C. Cudahy, Assistant Attorney General, both individually and in his official capacity, and Jane Doe Cudahy, husband and wife; City of Phoenix; City of Phoenix Police Department; Detective John Stahl, both individually and in his official capacity as an employee of the City of Phoenix, and Jane Doe Stahl, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied July 17, 1997.

Review Denied February 18, 1998.


Attorney(s) appearing for the Case

Kimerer & LaVelle by Michael J. LaVelle and Merrick B. Firestone, Phoenix, for Plaintiffs-Appellants.

Grant Woods, Attorney General by John E. Birkemeier, Assistant Attorney General, Phoenix, for Defendants-Appellees State of Arizona.

Jones, Skelton & Hochuli by William R. Jones, Jr., Phoenix, for Defendants-Appellees City of Phoenix and Stahl.


OPINION

KLEINSCHMIDT, Judge.

The Plaintiffs, Gary and Constance Mulleneaux, owned a corporation, Janac, Inc., that solicited funds by telephone on behalf of various organizations, among them, the Arizona Police Athletic Federation. The Phoenix police, alleging a belief that the Plaintiffs were engaged in fraudulent solicitation, executed a search warrant on the business and seized the corporation's computers, printers, payroll records and office...

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