State v. Byers

Court of Appeals of Arizona

Decided November 9, 1971

Court of Appeals of Arizona · decided 1971-11-09

Cited by 1 later decisions — most recently August 1986

1 state decisions

Relies on Mapp v. Ohio · State Farm Mutual Insurance v. Superior Court · 16 Ariz. App. 3 - State v. Byers

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Decided 1971-11-09

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CASE, Judge.

¶1This is an appeal from a judgment of conviction for possession of marijuana and a narcotic drug.

¶2Defendant was tried to a jury, found guilty and sentenced to a prison term.

¶3The facts and reasoning necessary for a determination of this matter are the same as found in State v. Byers, 15 Ariz.App. 3, 490 P.2d 580 (1971). Said facts and reasoning are incorporated herein.

¶4Since the search violated appellant’s Fourth and Fourteenth Amendments rights, *3the evidence seized as a result thereof was inadmissible. Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961).

¶5The judgment of conviction is reversed.

STEVENS, P. J., and DONOFRIO, J., concur.