State v. Kempton

In State v. Kempton, 166 Ariz. 392, 803 P.2d 113 (App. 1990), an agent of the drug enforcement task force was notified by an informant that the defendant was selling cocaine from his truck. Id. at 393-94, 803 P.2d at 114-15. More than six hours after receiving the information, another task force agent asked a police officer to stop the defendant as he drove his truck. Id. at 394, 803 P.2d at 115. The only reason for the stop was to ask the defendant's permission to search the truck. Id. at 397, 803 P.2d at 118. The defendant consented to the search, and the officers discovered illegal drugs. Id. at 395, 803 P.2d at 116. On appeal, the defendant argued that the trial court erred by refusing to suppress the drug evidence as illegally seized. Id. The Court agreed, holding that because the police had more than six hours to obtain a warrant prior to stopping the defendant, no exigent circumstances existed to stop and search the truck, and therefore the officers were not justified in conducting the warrantless search. Id. at 397, 803 P.2d at 118.