State v. McGuire

HATHAWAY, Judge.

Cynthia Ann McGuire was charged with a misdemeanor — unlawful use of narcotics in violation of A.R.S. § 36-1062, as amended. The state has appealed from an order suppressing evidence, contending that it was seized during a search “incident to a lawful arrest and exigent circumstances surrounding the search and seizure of said evidence justified a search without a search warrant * *

During the early morning hours of August 24, 1969, Lawrence Schmale, resident of an apartment on North Tucson Boulevard, Tucson, Arizona, notified the police that he believed the occupants of an…