State v. SUPERIOR COURT, ETC.

GORDON, Justice:

Petitioner, State of Arizona, brought this special action urging that a suppression order issued by respondent Superior Court was arbitrary and capricious or an abuse of discretion. We accepted jurisdiction pursuant to A.R.S.Const. Art. 6, § 5(4), and Rule 3(c), 17A A.R.S., Rules of Procedure for Special Actions. On July 10, 1980, we issued an order with written opinion to follow, vacating the suppression order and directing the superior court to enter an order denying defendant’s motion for suppression.

The facts necessary for our determination are as follows: On November 5,…