Legal Opinion

State v. Bates

Arizona Supreme Court

Decided November 13, 1978No. 4376PublishedCited by 21 opinions

1Opinion of the Court

HAYS, Justice.

This is an appeal from a conviction for possession of marijuana in violation of A.R.S. § 36-1002.05 and § 36-1002.10. Only one question is presented: did a forced entry made three to five seconds after the police knocked and announced their purpose and authority to execute a search warrant comply with the requirements of A.R.S. § 13-1446(B)? We hold that it did not, and reverse and remand for entry of judgment of acquittal.

Defendant Ronald Edward Bates was arrested at the home of Waldo Diaz on May 19,1977 when the Phoenix police executed a search warrant pertaining to Diaz’…

2Cases cited4 opinions

  1. Robert McClure Jr., and Donald Gaxiola v. United StatesCourt of Appeals for the Ninth Circuit · 1964
  2. State v. MendozaArizona Supreme Court · 1969
  3. State v. DudgeonCourt of Appeals of Arizona · 1970
  4. State v. BradyArizona Supreme Court · 1970

3Cited by21 opinions

  1. State v. NordstromArizona Supreme Court · 2001
  2. State v. ClevelandWisconsin Supreme Court · 1984
  3. Griffin v. United StatesDistrict of Columbia Court of Appeals · 1992
  4. Mazepink v. StateSupreme Court of Arkansas · 1999
  5. United States v. RodriguezDistrict Court, District of Columbia · 1987

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