State v. Ms. S. (2011)

Practice Area: Criminal Defense

Date: June 15, 2010 and Decided by Appeals Court on Jan 01, 2011

Outcome: Drug Case dismissed after Judge found statements involuntary and precluded evidence. State appealed but Court of appeals affirmed trial court.

Description: (Maricopa County Superior Court Case No.  (CR2009-144635):  Ms. S. and her friends were driving in Mesa looking for apartments.  Ms. S.’s friend was driving.  Officer stopped the car after he observed a broken windshield.  The officer then discovered that Ms. S.’s friend’s license was suspended.  The officer then began questioning Ms. S. and asking whether there were drugs, firearms or explosives in the car.   Ms. S. three times told the officer no.  The officer then offered Ms. S. leniency if she told the truth and threatened Ms. S. with harsher penalties if Ms. S. did not tell the truth.  After these tactics, Ms. S. admitted that she had methamphetamine in her purse.  When Ms. S. was taken to the station, she admitted to selling methamphetamine.  After Ms. Castillo argued several motion hearings, the trial court found that Ms. S.’s statements were not voluntary and suppressed both her statements as well as the drugs.  The State appealed and the Court of Appeals agreed with the trial court. Ms. S. was facing over ten years in prison.