§ 1.2.5 Enjoining Criminal Activities.

• Jurisdiction: Arizona

§ 1.2.5 Enjoining Criminal Activities. Normally, equity does not enjoin criminal activities. Takiguchi v. State, 47 Ariz. 302, 55 P.2d 802 (1936); Catherine S. v. Foreman ex rel. Maricopa County, 197 Ariz. 371, 379, 4 P.3d 426, 434 (Ct. App. 1999) . The basis for this rule is that contempt proceedings do not provide all appropriate constitutional safeguards normally accorded to resolution of criminal violations. Id. Exceptions to this rule exist where the criminal activity also constitutes a public nuisance, Funk Jewelry Co. v. State ex rel. La Prade, 46 Ariz. 348, 50 P.2d 945 (1935) , and when an injunction is expressly authorized by statute in addition to the criminal penalties provided. Arizona State Board of Dental Examiners v. Hyder, 114 Ariz. 544, 562 P.2d 717 (1977) . An injunction also may restrain criminal activity where the destruction of public or private property is threatened. United States v. Jalas, 409 F.2d 358 (7th Cir. 1969) ; Frank v. United States, 384...