Legal Opinion

Soza v. Marner

Court of Appeals of Arizona

Decided October 2, 2018No. 2 CA-SA 2018-0020Published

1Opinion of the Court

BREARCLIFFE, Judge:

¶ 1 Angel Soza petitions for special action relief from the respondent judge's order reversing a Tucson City Court judge's order suppressing breath-test evidence obtained incident to his lawful arrest for driving under the influence (DUI). This case presents a legal question of statewide significance, see State v. Superior Court , 198 Ariz. 109, ¶ 2, 7 P.3d 118 (App. 2000), and of first impression, see *1267State ex rel. Romley v. Martin , 203 Ariz. 46, ¶ 4, 49 P.3d 1142 (App. 2002) : whether the exclusionary rule is a remedy for the warrantless taking of a breath test incident…

2Cases cited50 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Weeks v. United StatesSupreme Court of the United States · 1914
  5. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989

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