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State v. Mr. S. (DMC No. 6384)

MINOR in POSSESSION of ALCOHOL and FALSE ID USED to PURCHASE ALCOHOL DISMISSED – State v. Mr. S (DMC No. 6384) (University Lakes Justice Court JC2006-106815): Mr. S and his friend pulled up to a liquor store in Tempe, Arizona, and they were observed by Officers to look “very young”. After Mr. S and his friend left the liquor store with a package, they got in their car and left. The Officer’s then stopped them claiming that they had made an illegal lane change. Mr. S was subsequently cited and charged with minor in possession of alcohol per Arizona Revised Statute ARS 4-244.9 and he was charged with using a fake ID to purchase alcohol per Arizona Revised Statute ARS 4-241(C).

We argued to the Prosecutor that the stop was a “pretext stop”, and that the Officers had “no reasonable suspicion” to stop Mr. S. The Prosecutor allowed Mr. S. to complete an alcohol class and in exchange, he dismissed all charges against him.

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