Erickson v. City Court of City of Phoenix

LOCKWOOD, Vice Chief Justice.

The case at bar is presented upon a stipulated statement of facts to answer a certified question of law. The question of law concerns the constitutionality of A.R.S. § 13-1403(5), which in substance, allows an officer to make an arrest without warrant for certain misdemeanors which are not committed in his presence.

The stipulated statement of facts is as follows: On March 11, 1968, at approximately 12:30 A.M., Officer M. C. Davis of the Phoenix Police Department responded to an accident call at Third Street and McDowell Road in Phoenix, Arizona. Upon his arrival…