• United States v. Santiago-Garcia

  District Court, D. Arizona · 2009-09-10

  The case involved a Mexican national on a B1-B2 visa who was arrested at a Tucson gun show for being a prohibited possessor of ammunition under federal law. The district court adopted the magistrate judge's report and granted the defendant's motion to suppress evidence and statements obtained after the stop. The core reasoning was that ATF Agent Celaya lacked founded suspicion to approach and detain the defendant, as the observed behaviors—such as splitting from his group, communicating in Spanish, carrying cash in a pocket, and leaving promptly after purchase—did not justify the encounter, which escalated into an arrest without probable cause when the agent tapped on the car window, displayed a badge, and took the keys. The court concluded there was no reasonable basis for the detention or arrest under the Fourth Amendment.

  criminal lawprocedure

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• Quade Ex Rel. Quade v. Barnhart

  District Court, D. Arizona · 2008-07-07 · cited 5×

  This case involved a motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), following a successful Social Security benefits claim by the plaintiff and her minor son against the Commissioner of Social Security. The government objected to certain billed hours as clerical or duplicative and opposed paying the award directly to the plaintiff's attorney. The magistrate judge's report recommended granting the full amount requested, finding the tasks reasonable and not purely clerical, and concluding that the EAJA permits direct payment to counsel despite potential offsets for the client's debts. After de novo review, the district court adopted the recommendation in full and ordered the fees paid directly to the attorney.

  procedurefederal power

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• Flores v. Arizona

  District Court, D. Arizona · 2007-03-22 · cited 8×

  Read the full opinion inline ▾ (4,874 words)

• Ekloff v. Rodgers

  District Court, D. Arizona · 2006-03-03 · cited 3×

  Read the full opinion inline ▾ (4,100 words)

• Flores v. Arizona

  District Court, D. Arizona · 2005-12-15 · cited 6×

  Read the full opinion inline ▾ (4,630 words)

• Arizona Libertarian Party, Inc. v. Board of Supervisors of Pima County

  District Court, D. Arizona · 2002-08-06 · cited 3×

  Read the full opinion inline ▾ (1,320 words)

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