State v. Moroyoqui
| Decision Date | 28 March 1980 |
| Docket Number | No. 2,CA-CR,2 |
| Citation | 125 Ariz. 562,611 P.2d 566 |
| Parties | The STATE of Arizona, Appellee, v. Edward Dozel MOROYOQUI, Appellant. 1884. |
| Court | Arizona Court of Appeals |
Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Greg A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.
Bertram Polis, Tucson, for appellant.
Appellant was convicted by the trial court, sitting without a jury, of possession of marijuana, possession of marijuana for sale, and transportation of marijuana. He was placed on probation for all three offenses. The issues here concern the stopping and searching of an automobile driven by appellant.
On February 15, 1979, Sergeant Barnett of the Cochise County Sheriff's Office discovered a hole cut in the border fence. He also observed numerous sets of footprints passing through the break. He followed the tracks to the 4-H arena about 3/4 of a mile away. He then contacted Agent Breen of the Narcotics Strike Force and asked him to take up the tracking in the morning.
On February 16, 1979, Agent Breen followed the tracks to the south end of Barnett Road. There, he found lengths of rope of the sort used to back-pack marijuana across the border and saw impressions in the dirt consistent with the setting down of large, filled sacks. On February 18, 1979, Agent Breen found fresh footprints at the same location at the south end of Barnett Road. He also found more rope segments, green plastic shreddings and a green plastic sack containing approximately 30 lbs. of marijuana.
On the night of February 20, 1979, the agents staked out the area on Barnett Road where the marijuana had been found. Agent Breen observed two individuals appear from the east side of Barnett Road. The general vicinity is very isolated and the area from which they came contained only mesquite. Shortly thereafter, a vehicle proceeded down Barnett Road to its end. Its headlights were turned off, doors were slammed, the lights were turned back on and the vehicle proceeded back up the road. It was exceeding the speed limit in departing from the area. The vehicle was followed by Sgt. Barnett and Agt. Breen. It turned in behind a residence and appellant, who was driving the vehicle, jumped out and ran. The car was left in gear and continued to move forward. Sgt. Barnett yelled out "Police", and gave chase. He lost sight of appellant only momentarily, and ultimately found him hiding in some bushes.
Officer Bertrand, who participated in the surveillance and also followed the vehicle driven by appellant, entered the vehicle, turned off the ignition and removed the keys. The backseat of the vehicle was loaded with sacks of marijuana which Officer Bertrand was able to see and smell.
In the meantime Sgt. Barnett had taken appellant back to the police vehicle and read him his Miranda rights. Appellant indicated he understood these rights but was not asked whether he waived them. Another officer asked appellant where the key to the trunk was and appellant replied that it was in his right rear trousers pocket.
Appellant contends the trial court erred in denying his motion to suppress because there was no probable cause to arrest him and there was no reason for the officers' failure to obtain a search warrant after they had the vehicle in their possession. He also contends that the trial court erred in admitting his statements about the trunk key. He further argues there was insufficient evidence to support a conviction of possession of marijuana for sale and that his conviction for all three offenses violated his constitutional privilege against double jeopardy.
There can be no question that the totality of circumstances including the chase, the flight from the automobile and the smell emanating from the sacks in plain view in the backseat all provided probable cause to arrest appellant. No warrant was necessary to search the vehicle since there was probable cause to believe that it contained contraband. State v. Benge, 110 Ariz. 473, 520 P.2d 843 (1974).
Appellant contends the Miranda warning given him was erroneous and that in any event, he never waived his rights to have an attorney present. He therefore argues that his...
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State v. Cheramie
...In re Pima County Juvenile Delinquency Action No. 12744101, 187 Ariz. 100, 101, 927 P.2d 366, 367 (App.1996); State v. Moroyoqui, 125 Ariz. 562, 564, 611 P.2d 566, 568 (App.1980). And we disagree with the dissent that State v. Chabolla-Hinojosa is not distinguishable from the present case, ......
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State v. Botbyl
...plus "something substantial" such as flight is required to support a probable cause determination, citing State v. Moroyoqui, 125 Ariz. 562, 564, 611 P.2d 566, 568 (App. 1980). But, even accepting that argument, the totalityof the circumstances here provides the "something substantial" to s......
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State v. Ochoa
...thus presented sufficient evidence to permit the jury to infer that Ochoa possessed the methamphetamine. Cf. State v. Moroyoqui, 125 Ariz. 562, 564, 611 P.2d 566, 568 (App. 1980) (defendant had dominion and control over drugs in back seat of car he was driving).Flat-Time Sentences¶15 Ochoa ......
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State v. Cheramie
...366, 367 (App.1996) (holding that possession of marijuana is a lesser-included offense of sale of marijuana); State v. Moroyoqui, 125 Ariz. 562, 564, 611 P.2d 566, 568 (App.1980) (holding that possession of marijuana is a lesser-included offense of possession for sale and B. The Usable Quan......