Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Sunday, June 23, 2024 | Back issues
Courthouse News Service Courthouse News Service

You Can’t Arrest Me, Man Tells Arizona, Because I’m In The National Guard

TUCSON (CN) - A member of the Tucson Air National Guard claims the Tucson City Court and State of Arizona cannot arrest and cite him for a traffic violation, as they did, because an Arizona law exempts members of the National Guard on active duty from misdemeanor arrests.

Christopher Towns claims that "under unusual times, such as those that have existed since September 11, 2001," National Guard members have been "on call 24/7, 365," and so the Arizona Legislature "drafted legislation providing immunity from misdemeanor arrest for these active duty members."

Towns claims he was on active duty when he was arrested for unspecified "alleged traffic violations." He claims immunity from arrest under A.R.S. § 26-166.

Towns claims defendant City Magistrate Susan Shetter misinterpreted the law, claiming it immunizes only those service members while they are performing official duties.

He wants the complaint dismissed.

He is represented in Pima County Court by Craig Becker with Thrush, Clark.

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.