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RODRIGUEZ v. ARELLANO

No. 1 CA-SA 99-0051.

979 P.2d 539 (1999)

194 Ariz. 211

David RODRIGUEZ, Petitioner, v. The Honorable Silvia ARELLANO, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, and Richard M. Romley, the Maricopa County Attorney, Real Party in Interest.

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

May 13, 1999.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by E. Catherine Leisch, Deputy County Attorney Attorneys, Phoenix, for Real Party in Interest.

Dean W. Trebesch, Maricopa County Public Defender by Vikki M. Liles, Deputy Public Defender Attorneys, Phoenix, for Petitioner.

OPINION

FIDEL, Presiding Judge.

¶ 1 When a criminal defendant moves to suppress the fruits of an allegedly illegal search, our Rules of Criminal Procedure allocate to defendant the initial burden of going forward. See Ariz. R.Crim. P. 16.2(b). The question presented in this special action is whether a defendant may satisfy this burden by proving the lack of a warrant. We answer in the affirmative.

BACKGROUND

¶ 2 After the...

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