Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Baggett

Court of Appeals of Arizona, First Division, Department D

July 11, 2013

STATE OF ARIZONA, Appellee,
v.
BRIAN LYNN BAGGETT, Appellant.

AMENDED PER ORDER FILED: 7-11-13

Appeal from the Superior Court in Maricopa County Cause No. CR2011-138444-001 The Honorable Roger E. Brodman, Judge.

Thomas C. Horne, Attorney General Phoenix By Joseph T. Maziarz, Acting Chief Counsel Criminal Appeals/Capital Litigation Section And Alice Jones, Assistant Attorney General Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender Phoenix By Jeffrey L. Force, Deputy Public Defender Attorneys for Appellant.

OPINION

ANDREW W. GOULD, Presiding Judge

¶1 Appellant, Brian Lynn Baggett, appeals his convictions and sentences for possession of dangerous drugs, possession of marijuana, and possession of drug paraphernalia. On appeal, he argues the trial court erred in denying his motion to suppress. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 During the early morning hours of July 26, 2011, Officer Tan and Officer Lua were patrolling an area in Phoenix known for high crime activity. While on patrol, they observed Baggett riding a bicycle on the sidewalk without a visible bicycle light.[1] The officers stopped Baggett for a traffic violation pursuant to Arizona Revised Statutes ("A.R.S.") section 28-817(A) (2013), which requires a person operating a bicycle at "nighttime" to have "a lamp on the front that emits" a "visible" light.[2]

¶3 When the officers made contact with Baggett, they saw he had a flashlight duct-taped to his bicycle. Baggett tried to turn the flashlight on for the officers, but it only flickered on and off. The officers then performed a weapons pat-down on Baggett, which included removing his backpack and placing it on the hood of their patrol car. The patrol car was parked approximately fifteen to twenty feet away from Baggett.

¶4 After Officer Tan placed the backpack on the hood of the patrol car, he noticed the smell of marijuana coming from the backpack. When questioned by Officer Tan, Baggett eventually told the officers he had obtained the backpack from a "street brother" named Billy. Officer Tan then searched the backpack and discovered a digital scale and several baggies containing marijuana. Baggett was arrested and charged with possession of dangerous drugs (methamphetamine), [3] possession of marijuana, and possession of drug paraphernalia.

¶5 Baggett filed a motion to suppress the evidence obtained from the backpack. Prior to trial, the court held an evidentiary hearing on Baggett's motion. At the conclusion of the hearing, the court determined the stop was a valid traffic stop. The court also found the officers had a right to remove Baggett's backpack and place it on their patrol car for officer safety. The court further found that once the officers smelled the marijuana, they had probable cause to search Baggett's backpack. Accordingly, the court denied Baggett's motion to suppress.

¶6 After the evidentiary hearing, the case proceeded to trial, where the jury found Baggett guilty on all charges. Baggett filed a timely notice of appeal. We have jurisdiction pursuant to Article VI, section 9 of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-4031, and 13-4033(A) (2013).

DISCUSSION

¶7 We review a trial court's denial of a motion to suppress for an abuse of discretion. State v. Organ, 225 Ariz. 43, 46, ¶ 10, 234 P.3d 611, 614 (App. 2010). On review, we defer to the trial court's "determinations of the credibility of the officers and the reasonableness of the inferences they drew, " but consider the trial court's legal decisions de novo. State v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.