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State v. Mr. O (DMC No. 14558)

(5 Counts) Felony Aggravating Luring of a Minor for Sexual Purposes (DCAC) Reduced to Probation with Zero Days in Jail – State v. Mr. O (DMC No. 14558) (Maricopa County Superior Court CR2016-132085):  Mr. O was on Craig’s List, when he contacted what he believed to be an Escort who was over the age of 18.  This turned out to be an Undercover Officer posing as a 14 year old.  During the course of conversations via text, the undercover informed Mr. O that she was 14.  She then requested various photographs of his penis.  Texting commenced to go back and forth between the Undercover Officer and Mr. O, and Mr. O sent photos and videos of himself masturbating.

The Undercover Officer, who was on the KIK account, attempted many times to have Mr. O come to a specific location.  He never did, and eventually a Search Warrant was executed at Mr. O’s house and he was arrested.  He was subsequently charged with 5 different counts of Aggravated Luring of a Minor pursuant to Arizona Revised Statute ARS 13-3560.  It was aggravated because there were more than 2 offenses committed over various time spans.  This subjected Mr. O to potentially serving a large amount of time in prison.

Because Mr. O was compelled to give his iPhone password to the Detective, we were able to argue that under Bumper v North Carolina and State v Valenzuela, that this search procedure wasn’t properly done.  We threatened to file a Motion to Suppress all evidence based upon those cases. Ultimately, the State offered Mr. O a plea that was reduced to Probation with Zero Days in Jail.

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