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DEVLIN v. BROWNING IN AND FOR CTY. OF PIMA

No. 2 CA-SA 2019-0061.

467 P.3d 268 (2020)

Joshua DEVLIN, Petitioner, v. Hon. Christopher BROWNING, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed June 5, 2020.

Attorney(s) appearing for the Case

The Behan Law Group PLLC, Tucson, By Michelle L. Behan , Counsel for Petitioner.

Tucson City Attorney's Office, Criminal Division, Michael G. Rankin , Tucson City Attorney, Alan L. Merritt , Deputy City Attorney, By Mari L. Worman , Senior Assistant Prosecuting, City Attorney, Tucson, Counsel for Real Party in Interest.

Judge Espinosa authored the opinion of the Court, in which Presiding Judge Eppich concurred and Judge Eckerstrom dissented.

OPINION

¶1 In this special action, Joshua Devlin challenges the respondent judge's reversal of the Tucson City Court's grant of his motion to suppress evidence gained from a roadside driving under the influence (DUI) investigation following a traffic stop. Because we conclude the respondent judge properly reversed...

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