United Bank of Arizona v. Sun Valley Door & Supply Inc‪.‬

The procedural facts giving rise to this appeal are as follows: On January 6, 1986, the appellee/defendant filed his motion to suppress. His memorandum alleged generally, as we understand it, that there was no probable cause to arrest him, search his person, or question him and, further, that he was given no Miranda warnings. Attached to the memorandum and referred to therein was a police officers report. No affidavits or other evidentiary material was presented to the trial court. The hearing on the motions was originally set for February 6, 1986. On January 10 it was rescheduled for February 7. However, it was actually heard on the original date, February 6. The deputy county attorney arrived 15 minutes late and reported that he had subpoenaed his witnesses for the next day. He admitted knowing the date had been changed to February 6, but said he was unable to proceed and requested that the hearing be held on the next day or later, or that he be permitted to try to call his witnesses that afternoon. The trial court refused this request. The trial court also refused to permit the state to file its written response to the motions. The trial court then stated that the motions were submitted on the record, that he had read the defendants memorandum, and that the motions to suppress both the statements and the physical evidence were granted. An "Order Suppressing Evidence" was signed and filed April 7, 1986. The order suppressed "all voluntary incriminating statements" and "all evidence seized." This appeal is from that order.