Date: Sun, 23 Jun 2002 00:33:57 -0700 (MST)
From: thekoba  (K J WALSH)
Subject: miscellaneous precedents
Cc: snail ,,,

Dear Joel,

I'm coming close to a dead end on my leads in Arizona case law, but here's what I've found out today.



State v. Grannis (1995) 183 Ariz. 52, Arizona Supreme Court

"Under ARS 13-404 and 405, APPARENT deadly force can be met with deadly force, so long as defendant's belief as to apparent deadly force is a reasonable one. An instruction on self-defense is required when a defendant acts under a reasonable belief; actual danger is not required." (p. 60)

Walker v. Superior Court (1998) 191 Ariz. 424, Court of Appeals Division One

Lying to a peace officer during a traffic stop is not obstruction of a criminal investigation (ARS 13-2409, a class five felony), because it does not involve a third party informant. It is a separte offense, punishable as a class one misdemeanor.

Gasho v. United States, 39 F.3d 1420

Passive refusal to hand over property cannot be grounds for inferring criminal intent required for offense of physical interference with search, as Fourth Amendment gives citizens right to refuse to consent to warrantless searches and seizures.

State v. Hatton (1977) 116 Ariz. 142

There is no right to resist search warrant later found to be illegal.

State v. Martinez (1993) 175 Ariz. 114

Hindering prosecution statue is not limited to actions that hinder apprehension, prosecution, conviction or punishment of person, but also includes obstruction of search of premises for contraband.

State v. Fogarty (1993) 178 Ariz. 170 Court of Appeals Division One

Defendant who refused to stop his vehicle on command of police officer in police car violated felony flight statute, although defendant neither took any evasive action nor led police on high speed chase.

Any refusal to stop on command of officer who is in police car violates felony flight statute because of potential danger inherent in vehicular pursuit, even if that pursuit does not attain excessive speeds or involve reckless driving.

Felony flight statute was designed to serve two objectives; first it was intended to insure that motorist stop on command so that, for example, police could issue citation, issue directions, or conduct investigation; second, it was intended to proscribe conduct which might lead to vehicular accidents which would endanger police, public or person commanded to stop.

United States v. Span (1992) 970 F.2d. 573

Defendants do not have right to resist arrest by federal officers not supported by probable cause.

Federal officer who uses excessive force is not acting in good faith and may be resisted.

State v. Garland (1988) 157 Ariz. 246 Court of Appeals Division Two

While mere presence will not support charge of riot, person must distance himself from assembly when anyone in group manifests intent to engage in unlawful conduct; failure to do soresults in knowing participation in an assemblage which is creating immediate danger of damage to property or injury to persons. ARS 13-2903.

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