State v. Akins

OPINION

SNOW, Judge.

¶ 1 The State appeals the trial court’s order suppressing all contraband seized from Nathan Richard Akins incident to his arrest for failure to produce evidence of his identity pursuant to Arizona Revised Statutes (“A.R.S.”) § 28-1595(0 (1998). The trial court found § 28-1595(0) unconstitutionally vague for failing to give notice to passengers in motor vehicles of the type of identification that must be produced under the statute. We agree and affirm the trial court’s ruling suppressing all contraband seized from Akins.

FACTS AND PROCEDURAL HISTORY

¶ 2 On July 9, 2002, City…