from the Superior Court in Cochise County, No. CR201500359,
The Honorable Wallace R. Hoggatt, Judge.
Brnovich, Arizona Attorney General, Joseph T. Maziarz, Chief
Counsel, By Casey D. Ball, Assistant Attorney General,
Phoenix, Counsel for Appellee
J. Zohlmann, Tombstone, Counsel for Appellant
Judge Vásquez authored the opinion of the Court, in
which Presiding Judge Staring and Judge Brearcliffe
SQUEZ, Chief Judge:
After a jury trial, Maria Sallard was convicted of conspiracy
to commit transportation of marijuana for sale,
transportation of marijuana for sale, possession of drug
paraphernalia, and making a false statement to a law
enforcement agency. The trial court sentenced her to
concurrent prison terms, the longest of which are 4.25 years.
On appeal, Sallard argues the court erred by denying her
motion to suppress the data collected from her cell phone
during a search after she had invoked her rights pursuant to
Miranda . She also argues the court erred by
considering extrinsic evidence from her codefendants
suppression hearing without permitting her to confront and
cross-examine the witnesses. For the following reasons, we
Factual and Procedural Background
We view the evidence and all reasonable inferences therefrom
in the light most favorable to affirming Sallards
convictions. See State v. Miles, 211 Ariz.
475, ¶ 2, 123 P.3d 669, 670 (App. 2005). One evening in July
2014, Detective Jeffrey Richardson saw a white truck being
driven by Sheri Hogan with Sallard as a passenger. The truck
had "two [old] bales of hay in the ... pickup bed of the
vehicle." Richardson followed the truck and observed
speed and lane-usage violations. He also noticed that Hogan
was "watching [him] very closely in the rear view or
side view mirrors" and that Sallard was "moving
stuff around in the back seat." Because of the traffic
violations, Richardson "activated [his traffic]
equipment" and stopped the truck.
As Richardson approached the truck, he noticed Sallard had
her cell phone in her hand and asked her to put it away. He
then asked Hogan and Sallard for their information—
Sallard provided a false name, which she later admitted.
Richardson then asked Hogan to step out of her truck so that
he could write a warning for the traffic violations. While
writing the warning, Richardson asked Hogan about her
whereabouts for the day. As Hogan responded, Richardson
observed her "getting nervous, pacing back and
forth," and "making gestures" toward Sallard.
At that point, Richardson returned to the truck, where he
observed Sallard using her cell phone again and "moving
around in the front seat." When Richardson questioned
Sallard about her whereabouts, she gave a different response
than Hogan. Richardson returned to Hogan and asked her again
about where the two had been and where they were going that
day, and Hogan changed her previous account.
Richardson continued to write Hogans warning but requested a
canine unit based on "reasonable suspicion that criminal
activity was afoot." When the canine arrived, it
conducted "an exterior sniff of the vehicle," and,
after the canine had alerted, Richardson conducted a
probable-cause search. At that time, Officer Paul Barco and
Detective Clemente Rodriguez had arrived on scene and were
assisting Richardson with the search. In the truck, they
found brown packages containing "almost 50 pounds"
of marijuana. Sallard was placed under arrest, read her
rights pursuant to Miranda, and agreed to speak with
Barco. But, at some point during the interview, Sallard
became "unwilling to answer any more questions,"
and Barco notified Richardson and Rodriguez that Sallard had
"invoked" and that he had stopped all questioning.
Sallard was then transported to the Douglas Police
During booking, Richardson directed Rodriguez "to
request consent [from Sallard] to search [her] phone."
Rodriguez was aware Sallard "had invoked" and
understood it to mean that "she didnt want to answer
questions." Sallard was brought from her holding ...