Arizona Supreme Court · 1996
State v. Spears
Probable cause exists when reasonably trustworthy information and circumstances would lead a person of reasonable caution to believe the suspect committed an offense. It is judged on what you knew when you hooked him up — the valid title officers found in the glove box later was irrelevant to that analysis.
908 P.2d 1062 (Ariz. 1996)
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Carrillo v. Houser
Jose Carrillo, a Spanish speaker, was arrested for DUI and taken to a DUI van, where things were delayed because he vomited for about thirty minutes. While he sat on the steps of the van, one officer put a large toolbox on his lap and another drew his blood. No warrant. The Arizona Supreme Court, unanimously, held that the implied-consent statute does not by itself authorize a warrantless test — the arrestee has to EXPRESSLY agree. Not resisting is not agreeing. This is a statute case: the Court decided nothing about the Fourth Amendment.
224 Ariz. 463; 232 P.3d 1245 (2010)
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