STATE v. CANALES

No. 2 CA-CR 2009-0023.

217 P.3d 836 (2009)

The STATE of Arizona, Appellant, v. Marcos Adrian CANALES, Appellee.

Court of Appeals of Arizona, Division 2, Department B.

October 13, 2009.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Appellant.

The Law Offices of Stephen P. Barnard, P.C. By Stephen P. Barnard, Tucson, Attorneys for Appellee.


OPINION

VÁSQUEZ, Judge.

¶ 1 The State of Arizona appeals the trial court's dismissal of charges against Marcos Canales after an evidentiary hearing on Canales's motion to dismiss based on a lack of probable cause to arrest him for driving under the influence of intoxicating liquor (DUI). Because we conclude the officer lacked reasonable suspicion to detain Canales, we affirm.

Facts and Procedural Background

¶ 2 We...

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