6.14

JurisdictionArizona

§ 6.14 Prosecution Cannot Use Defendant’s Fourth Amendment Invocation as Evidence of Guilt

In State v. Stevens, 228 Ariz. 411, 267 P.3d 1203 (App. 2012) (Div. 1), the court of appeals held that a prosecutor cannot use a defendant’s invocation of her Fourth Amendment rights as evidence of guilt. Stevens and her son got into a physical struggle and the son called 911 for help. Officers arrived and saw Stevens exit the front door of her house. When Stevens noticed officers were about to enter her home, she...

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