Legal Opinion

State v. Kaiser

Court of Appeals of Arizona

Decided April 1, 2003No. 1 CA-CR 02-0448PublishedCited by 22 opinions

1Opinion of the Court

OPINION

EHRLICH, Presiding Judge.

¶ 1 Gerald Kaiser appeals his conviction for refusing to obey a peace officer, 1 a class 1 misdemeanor violation of Scottsdale City Code section (“Code § ”) 19-13. He contends that the regulation is unconstitutional because it is both vague and over-broad, thereby denying him due process in violation of the Fourteenth Amendment to the United States Constitution. 2 For reasons that follow, we hold that the ordinance is constitutional.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Two Scottsdale peace officers stopped a car after an officer suspected that the driver,…

2Cases cited24 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Kolender v. LawsonSupreme Court of the United States · 1983
  5. United States v. HensleySupreme Court of the United States · 1985

19 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. MangumCourt of Appeals of Arizona · 2007
  2. State v. BrownCourt of Appeals of Arizona · 2004
  3. State v. McDermottCourt of Appeals of Arizona · 2004
  4. State v. ChildressCourt of Appeals of Arizona · 2009
  5. State v. RussoCourt of Appeals of Arizona · 2008

17 more not listed; retrieve them via the Exa API.

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