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STATE v. DeWITT

No. CR-95-0014-PR.

184 Ariz. 464 (1996)

910 P.2d 9

STATE of Arizona, Appellee/Cross Appellant, v. Victor Raymond DeWITT, Appellant/Cross Appellee.

Supreme Court of Arizona, En Banc.

January 25, 1996.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General, Phoenix, by Paul J. McMurdie, Christopher E. Avery, Tucson, for State of Arizona.

Wisdom, Logan & McNulty by Charles M. McNulty, Phoenix, for Victor R. DeWitt.

OPINION

FELDMAN, Chief Justice.

We granted review to determine whether the seizure by police of evidence from the home of Victor Raymond DeWitt (Defendant) violated the provisions of art. II, § 8 of the Arizona Constitution and the Fourth Amendment of the United States Constitution.

FACTS AND PROCEDURAL HISTORY

In response to a report of a possible burglary in progress, Phoenix Police Officer Gary McCaslin arrived...

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