1. False Allegations

Unfortunately, many people who are arrested for Drug Crimes who then become Informants for the Police, are not always honest.  What they will do is attempt to falsely accuse others, or set them up, in order to get out of their own troubles.  This happens a lot with roommates/housemates who are covering for themselves, or for a loved one.  We have also seen this occur in Custody Battles in which an ex-spouse will claim that they were required under the Mandatory Reporter Law (per ARS 13-3620) to turn in the child’s parent for using, producing, or having, Drugs in a household.  This naturally supports their position that they should then become the custodial parent.

2. Entrapment

Again, this can occur with Informants who are seeking to Entrap others in order to get out of their own legal troubles.  In order to be Entrapped, there must be an offer that would over-bear a reasonable person and entice them into committing a crime.  Although many people think of this as being offered $1 million by an Undercover Officer to Shoplift, it can also include purchasing a large amount of drugs for little or no money.  Online Undercover Officers who are running a “Sting Operation,” often utilize techniques that entice people to commit a crime that they normally would not have engaged in, but for the Undercover Officer’s large monetary incentive.

3. Lack of Reasonable Suspicion to Stop and Detain

With the advent with the “Vigilant” License Plate Reading System, many Officers are stopping vehicles without any Reasonable Suspicion that a crime has been committed.  For example, if the Vigilant system sees the same car license plate passing through multiple states, and back, it will alert law enforcement that this “could be” evidence of a “Drug Runner”.  We have been very successful at Suppressing Evidence and getting many cases Dismissed based on this Defense.

4. Lack of Probable Cause for Arrest

After a stop, many times Officers will bring in a Drug Dog, who will give an improper “hit” indicating that drugs are present.  We have actually been able to show on Axon Body Camera that the Officer will give a certain physical or audible command, which will cause the dog to start barking.  They then use this “hit” as an excuse to rip apart and search and entire vehicle while looking for Drugs.  Many times, this occurs based upon Racial Profiling.

5. Evidence Obtained by Illegal Search and Seizure

Although evidence can be obtained by a False Drug Dog “hit,” or through the Vigilant system, we often see many Defenses arise due to Flawed Search Warrants.  Whenever the Police execute a Search Warrant, they need to have filed a “Search Warrant Affidavit” with a Judge, laying out their “Probable Cause” for their Search.  If it turns out the Officer lied or exaggerated on the Search Warrant Affidavit, all evidence can be Suppressed.  In addition, Search Warrants much be executed during a certain date, and between certain time parameters.  Many times, these Warrants are executed outside of those parameters, and all evidence can be Suppressed.

6. Falsified or Planted Evidence

Many times we have seen cases where disgruntled ex-boyfriends/girlfriends, or ex-spouses, have “planted” evidence, and then called the Police in order to get their ex in trouble.  This happens quite a bit during Custody Battles.  Sometimes, it arises when a disgruntled co-worker wants to get a person fired from their job.  They simply plant the “evidence” inside of a drawer or backpack, and then notify their employer, who in turn notifies the Police.  On some rare occasions, we have come across cases where Officers have actually planted the evidence (usually a small baggie of drugs) in order to “fortify” their arrest.

7. Coerced Statements and Miranda Violations

The State of Arizona follows the “Voluntariness Standard” which dictates what evidence and statement are admissible in a Court of law.  Part of this requirement includes “Miranda Rights” being read to a Suspect before they are questioned.  Lastly, if a suspect is under the age of 18, they also have to be read their “Juvenile Miranda Rights,” which allows them to have a parent present during all questioning.  If any of these are violated, all evidence can be Suppressed.

Lastly, Officers are not allowed to make “threats or promises” in order to have somebody make a statement.  For example, “If you answer my questions, you will be going home tonight, if you do not, you’ll be spending the night in jail.”  That qualifies as a “promise” and a “threat,” and all statements will have been deemed to have been Coerced.  This is why it is important to have a Board-Certified Criminal Law Specialist review all of the evidence that may be contained on the “Axon” Body Camera, or inside the police station, nor to determine if evidence can be suppressed.

8. Coerced Face ID/Touch ID used in Order to Gain Access to Devices

Most Electronic Devices now contain a Touch ID or Face ID in order to open the device for use.  Many times after a person has been arrested, an Officer will hold up the phone to a person’s face, or grab their hand and force them to use their fingerprint in order to open up the device.  They will then scroll through the device in order to gather evidence to be used against the Suspect.  This is an Illegal Search and Seizure, and all of that evidenced can be Suppressed.

9. Flawed Chain of Custody

After Police have secured evidence, they have to follow a very specific set of rules and fill out a log in order to show “Chain of Custody.”  If there is a break in that Chain of Custody anywhere along the line, that evidence can potentially be Suppressed due to the possibility of Tampering.

10. Tainted Evidence

Tainted Evidence most commonly occurs during the “gathering phase”, or during the Crime Lab Analysis.  For example, if Officers were to grab evidence from multiple rooms in a multi-roommate household, and mix them together, it becomes impossible to tell which items were seized in which room.  This often results in everybody being charged who resides inside the household.  Also, during Crime Lab Analysis, if proper cleaning techniques are not used, or if gloves are not changed out in between each and every step of the Analysis, there can be “Drug Transfer” from one item to another.  This could result in a False Positive being attributed to a Defendant.

11. Police Report Bias, Exaggeration, and Outright Falsehood

Due to so many Police Reports containing exaggerations and falsehoods, many Police Departments have started using the “Axon Body Camera.”  Although this device is constantly recording, an Officer must tap the device in order to “save” that recording beginning 30 seconds prior to him tapping it.  Many times Officers will “forget” to tap the device until after evidence has been seized, and an arrest has occurred.

Many times we have been able to gather evidence from other Officers’ Axon Body-Cameras; the Police Station’s recording cameras; or other Witnesses, to show that the Officer’s Police Report is not accurate (or completely False).