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STATE EX REL. EKSTROM v. JUSTICE CT. OF STATE

No. 16387-SA.

136 Ariz. 1 (1983)

663 P.2d 992

STATE of Arizona ex rel. William J. EKSTROM, Jr., Mohave County Attorney, Petitioner, v. The JUSTICE COURT OF the STATE OF ARIZONA, In and For KINGMAN PRECINCT NO. 1, The Honorable Clyde A. McCune, Former Justice of the Peace thereof, and The Honorable William Gumaer, Successor Justice of the Peace thereof, and Rod Henry Aguilar, Paul Michael Jones, Kendall D. Lowe, and David Hugh Glen, Defendants and Real Parties in Interest, Respondents.

Supreme Court of Arizona, En Banc.

May 4, 1983.

Attorney(s) appearing for the Case

William J. Ekstrom, Jr., Mohave County Atty. by Craig R. Friesner, Kingman, for petitioner.

Michael L. Altman, Professor, Arizona State University, Tempe, and William C. Porter, Kingman, for respondents.

Kenneth D. Freedman, Phoenix, for amicus curiae American Citizens and Lawmen Ass'n.

HAYS, Justice.

On August 26, 1982, from 7 p.m. to 12 p.m., and on September 6, 1982, from 3 p.m. to 9 p.m., every car heading south on Highway 93 near Kingman, Arizona was stopped. The stops were conducted by agents and officers of the Department of Public Safety (DPS), the Motor Vehicle Division of the Department of Transportation, and the Cooperative Enforcement Unit (a drug enforcement unit) at a port-of-entry located at the junction of U.S. 93 and Route 68. The...

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