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. Adair

Supreme Court of Arizona

November 22, 2016

State of Arizona, Appellant,
v.
Christian Adair, Appellee.

         Appeal from the Superior Court in Maricopa County The Honorable Robert L. Gottsfield, Judge (Retired) No. CR2013-111090

         Opinion of the Court of Appeals, Division One 238 Ariz. 193, 358 P.3d 614 (App. 2015) VACATED

         COUNSEL:

          William G. Montgomery, Maricopa County Attorney, Lisa Marie Martin (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona

          James J. Haas, Maricopa County Public Defender, Mikel Steinfeld (argued), Deputy Public Defender, Phoenix, Attorneys for Christian Adair

          David J. Euchner, Pima County Public Defender's Office, Tucson, and Rhonda E. Neff, Kimerer & Derrick P.C., Phoenix, Attorneys for Amici Curiae Arizona Attorneys for Criminal Justice

          VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES BRUTINEL, TIMMER, and BO LICK joined.

          VICE CHIEF JUSTICE PELANDER, opinion of the Court:

         ¶1 This case concerns the constitutional standards that apply to a warrantless search of a probationer's residence. We hold that such a search complies with the Fourth Amendment if it is reasonable under the totality of the circumstances and that its legality does not hinge on whether the search is supported by reasonable suspicion.

         I.

         ¶2 In March 2012, the superior court placed Christian Adair on supervised probation for two felony convictions for solicitation to possess crack cocaine for sale. Under his court-imposed, uniform probation conditions, Adair agreed to "submit to search and seizure of person and property" by the probation department "without a search warrant, " and to provide the probation department "safe, unrestricted access to" his residence. The probation conditions also required Adair to obey all laws and to not possess or use any firearms, ammunition, illegal drugs, or controlled substances.

         ¶3 In late December 2012, an informant told police that Adair was on probation for selling drugs to an undercover officer and the informant thought Adair was still selling crack cocaine. The informant did not want to be named in any police report but gave the police his name, birthdate, and address. Over the next several months the informant continued to contact police and indicated that Adair's young child might have accompanied him during narcotic sales. A police officer confirmed that Adair was on probation for selling drugs to an undercover officer and had a child with him during one such transaction and that Adair lived at the address the informant provided.

         ¶4 After receiving the above information from police, the probation department conducted a warrantless search of Adair's residence in March 2013 pursuant to his probation conditions. At the probation department's request, police accompanied probation officers on the search. Adair was home when the officers conducted the search. The officers entered and seized crack cocaine, scales, packaging materials, about $450 in cash, a gun, and ammunition.

         ¶5 Adair was charged with felony possession of narcotic drugs for sale, possession of drug paraphernalia, and misconduct involving weapons. The probation officer also filed a petition to revoke Adair's probation. Adair moved to suppress the items seized during the search, arguing that it was a warrantless, pretextual police search, not a search by probation ...


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.