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STATE v. EMINOWICZ

No. 1 CA-CR 562.

21 Ariz. App. 417 (1974)

520 P.2d 330

STATE of Arizona, Appellee, v. Thadeus L. EMINOWICZ, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 9, 1974.

Review Denied April 30, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Michael C. Anderson, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender for Maricopa County by John Foreman, Asst. Public Defender, Phoenix, for appellant.

OPINION

JACOBSON, Chief Judge, Division 1.

This appeal necessitates a determination as to whether or not there are any exceptions to the statutory requirement of announcement of purpose in execution of a search warrant (A.R.S. § 13-1446). In essence, the question is whether a "no-knock" warrant may be issued and executed in Arizona.

Appellant-defendant, Thadeus L. Eminowicz was charged with illegal possession of both heroin and marijuana. After...

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