State Ex Rel. Murphy v. City Court of City of Tucson

KRUCKER, Judge.

These special action proceedings were instituted to challenge an order of the respondent court suppressing certain evidence in a pending criminal prosecution. Since we have appellate jurisdiction in this matter, Shenfield v. City Court of City of Tucson, Pima County, 8 Ariz.App. 81, 443 P.2d 443 (1968), we have assumed jurisdiction to review the challenged order.

Briefly, the facts are as follows. The real party in interest was arrested by Tucson police officers and charged with driving while intoxicated in violation of A.R.S. § 28-692. He had been stopped by the police because…