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STATE v. GARCIA-NAVARRO

No. 2 CA-CR 2009-0142.

226 P.3d 407 (2010)

The STATE of Arizona, Appellant, v. Fabian GARCIA-NAVARRO, Appellee.

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

February 8, 2010.

Attorney(s) appearing for the Case

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

Robert J. Hirsh, Pima County Public Defender By Michael J. Miller, Tucson, Attorneys for Appellee.

OPINION

HOWARD, Chief Judge.

¶ 1 The state appeals from the trial court's order granting appellee Fabian Garcia-Navarro's motion to suppress evidence, contending the court erred in finding that a citizen's arrest statute did not authorize a border patrol agent to detain Garcia-Navarro. The state also claims that even if the border patrol agent was not permitted to make a citizen's arrest, suppression was nevertheless an inappropriate remedy....

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