Sandra Diehl , Coconino County Public Defender, Brad Bransky (argued), Deputy Public Defender, Flagstaff, Attorneys for Emilio Jean
Stefan M. Palys , Stinson Leonard Street, LLP, Phoenix, and Kathleen E. Brody , American Civil Liberties Union Foundation of Arizona, Phoenix, Attorneys for Amicus Curiae American Civil Liberties Union of Arizona
David J. Euchner (argued), Slade E. Smith , Rule 38(d) Certified Law Student, Arizona Attorneys for Criminal Justice, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice
CHIEF JUSTICE BALES authored the opinion of the Court with respect to Parts I, II(A), (B), (C), and (D), in which JUSTICES BRUTINEL, TIMMER, and BOLICK joined. VICE CHIEF JUSTICE PELANDER authored the opinion of the Court with respect to Parts II(E) and III, in which JUSTICES BRUTINEL, TIMMER, and GOULD and JUDGE ESPINOSA joined. CHIEF JUSTICE BALES, joined by JUSTICE BOLICK, filed an opinion dissenting in part and dissenting in the judgment. VICE CHIEF JUSTICE PELANDER, joined by JUSTICE GOULD and JUDGE ESPINOSA, filed an opinion dissenting in part. JUSTICE BOLICK filed an opinion concurring in part and dissenting in part.
BALES, C.J., opinion of the Court with respect to Parts I, II(A), (B), (C), and (D); and PELANDER, V.C.J., opinion of the Court with respect to Parts II(E) and III:
¶ 1 We consider whether the Fourth Amendment rights of defendant Emilio Jean, a passenger of a truck that he sometimes drove while accompanied by its owner, were violated when police...
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