State v. Mead
| Decision Date | 08 June 1978 |
| Docket Number | No. 2,CA-CR,2 |
| Citation | 120 Ariz. 108,584 P.2d 572 |
| Parties | The STATE of Arizona, Appellee, v. William Edward MEAD, Jr., Appellant. 1223. |
| Court | Arizona Court of Appeals |
Appellant was found guilty by a jury of robbery while armed with a gun and sentenced to not less than five nor more than nine years in the Arizona State Prison. The facts considered in the light most favorable to upholding the verdict and the decision of the trial court on the motion to suppress are as follows. On January 27, 1977, at approximately 11:30 a. m., a man entered the Town and Country Pharmacy in Tucson, Arizona, and handed the pharmacist a handwritten note containing a list of drugs which he demanded that the pharmacist place in a garbage bag. The robber had a handgun in his waistband and his hand was on the grip when he made known his demands. Also present was a clerk, Barbara Lamb, who was then on the telephone. The pharmacist noted, among other things, that the man had his chin covered with white adhesive tape and that his boots were also taped. After placing some drugs in the bag, the pharmacist handed the note back to the robber who took the note and fled with the drugs to a station wagon parked outside. As the robber ran towards the station wagon he was spotted by Maryanne Kowbuz who was driving past the pharmacy on the way to get some gas. She immediately suspected that a robbery was in progress and memorized the license plate of the station wagon. When she arrived at the gas station she wrote down the license plate number and called the police giving them the number and a description of the vehicle.
Later that afternoon the police were informed that a station wagon fitting the description of the one involved in the robbery was involved in a hit-and-run accident with a city bus. Subsequently, this vehicle was reported to be in a trailer park on East Bellevue. Sgt. Penning, who had earlier investigated the robbery at the pharmacy, dispatched Officers Herrera and Norris to the trailer park to determine whether the vehicle was the one involved in the armed robbery and the accident with the bus. Sgt. Penning accompanied by Det. Adams, also went to the trailer park. While Officers Norris and Herrera went into the front of the park, Penning and Adams went to the rear to prevent anyone from fleeing. Norris and Herrera saw the station wagon in the park and approached two men who were working on a motorcycle near the station wagon. Norris had prior personal experience with this particular trailer park. He had seen known criminals enter the premises armed with handguns and knives. Furthermore, the trailer park had a reputation with the police department as a place where the criminally-inclined element of the population resided.
Norris asked one of the two persons working on the motorcycle if they could see the owner of the station wagon. One, who identified himself as Mike McClay, said that he lived in the nearby trailer and that the owner of the station wagon, Jeffrey Davis, was in the trailer. He invited Officer Norris into the trailer while he went to get Mr. Davis. Herrera, who remained outside, noticed that the other individual working on the motorcycle was carrying a revolver and disarmed him.
Officer Norris entered the trailer with McClay. While Norris stood in the living room, McClay went into the kitchen and came back out with Jeffrey Davis and another person. They all exited the trailer. Herrera asked Norris if there was anyone else in the trailer. Mr. Davis replied in the negative, but noises from within the trailer caused Herrera to enter. He came back out with appellant, McClay's sister, and another subject. In the meantime, Det. Adams had arrived at the trailer. When Herrera exited, Det. Adams asked him if there was anyone else inside the trailer. Herrera told him that he was not sure because he had not checked the bedroom. He and Adams went back into the trailer. While looking for other subjects, a period of less than a minute, Det. Adams saw, in plain view, evidence of the robbery at the Town and Country Pharmacy. He came out of the trailer with Herrera and instructed the officers not to let anyone back into the trailer. Adams also took the boots which appellant was wearing. They were taped with white adhesive tape. It was observed that the license on the station wagon matched the number given by Maryanne Kowbuz, except for the last two digits which were reversed.
Adams called the justice of the peace for a telephonic search warrant and after receiving it, conducted a search of the trailer which revealed bottles of narcotics from the Town and County Pharmacy, a roll of white adhesive tape, the note handed to the pharmacist, $71 in cash which was found in a closet and a revolver hidden between two cushions.
Appellant now attacks the validity of the search warrant and the admissibility of certain evidence. He first contends that the telephonic search warrant issued by the justice of the peace was invalid because the recording of the statement given by the officer and the transcription certified by the magistrate do not contain the administration of the oath to the officer. Both Det. Adams and the justice of the peace testified that Adams was in fact, placed under oath prior to the giving of the statement. A perusal of the certified transcript of the oral statement does contain language which indicates that Adams was giving the statement under oath. A.R.S. Sec. 13-1444(C) states:
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State v. Gonzales
...impermissibly suggestive. There is no requirement that the accused be surrounded by nearly identical persons. State v. Mead, 120 Ariz. 108, 111-12, 584 P.2d 572, 575-76 (1978) (defendant only person in line-up without facial hair); see also State v. Alvarez, 145 Ariz. 370, 372-73, 701 P.2d ......
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State v. Myers
...portion of conversation included the officer's oath and entire affidavit that alone established probable cause). State v. Mead, 120 Ariz. 108, 584 P.2d 572, 574 (1978) (magistrate and police officer can testify at later hearing that the officer was placed under oath before making his statem......
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State v. Hadd
...not to invalidate a search warrant. Technical violations such as failure to record the administration of the oath (State v. Mead, 120 Ariz. 108, 584 P.2d 572 (App.1978)), failure to return the warrant within the prescribed period (State v. Tillery, 107 Ariz. 34, 481 P.2d 271 (1971), cert. d......
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State v. Meeker, 5986
...requirement for "in-court identifications" that the accused be surrounded by persons nearly identical in appearance. State v. Mead, 120 Ariz. 108, 584 P.2d 572 (App.1978). Furthermore, merely have a sign stating "defense" is not unduly suggestive. Defendant was not handcuffed or shackled or......