State Ex Rel. Milstead v. Melvin

HOLOHAN, Chief Justice.

Appellant, the Director of the Arizona Department of Public Safety (“DPS”), challenged the jurisdiction of the respondent justice of the peace to determine a motion to controvert a search warrant issued in the investigation of a felony matter. In a special action proceeding the superior court upheld the power of justice courts to hear and decide such motions. Appellant sought appellate review by the Court of Appeals; the case was transferred to this court pursuant to Rule 19(e), Ariz.R.Civ.App.P., 17A A.R.S. (Supp.1982).

The facts are not in dispute, and they are that on…