State v. McDermott

OPINION

EHRLICH, Judge.

¶ 1 Timothy McDermott challenges the superior court’s determination that Arizona Revised Statutes (“A.R.S.”) § 13-3102(F) (2001) 1 is not unconstitutionally vague as applied to A.R.S. § 13-3102(A)(1). 2 Specifically, he presents the questions whether the word “luggage” in § 13-3102(F) includes a “fanny pack” and, alternatively, whether the word “luggage” in subsection (F) as applied to § 13-3102(A)(1) is unconstitutionally vague and therefore violative of due process. For the reasons below, we affirm and remand for further proceedings.

¶2 Two Phoenix police officers…