State v. Flores

In State v. Flores 195 Ariz. 199, 986 P.2d 232 (App. 1999), an Arizona Department of Safety officer initiated a traffic stop after seeing a Chevrolet Blazer cross into the emergency lane three times. 195 Ariz. at 201, P 2, 986 P.2d at 234. After reviewing the vehicle's registration, the officer issued a warning ticket and told the occupants that they were free to leave. Id. at PP 2-4. The officer then asked if there were any guns or drugs in the truck and if the driver "would mind if the vehicle were searched." Id. at P 4. The driver responded that he did not mind a search and signed a DPS-issued consent-to-search form. Id. at 201-02, P 4, 986 P.2d at 234-35. A subsequent search uncovered 125 pounds of marijuana. Id. at 202, P 8, 986 P.2d at 235. The Court upheld the search as valid after finding that the driver freely and intelligently consented to the search. Id. at 204-05, PP 18-19, 986 P.2d at 237-38.