# Yuma County Attorney v. McGuire

> Arizona Supreme Court · February 27, 1975 · 111 Ariz. 437

URL: https://www.frixlaw.com/law-library/cases/9536609

## Case

- **Full name:** YUMA COUNTY ATTORNEY, Petitioner, v. the Honorable John A. McGUIRE, Judge of the Superior Court, and Thomas Franklin Lutz, Respondents
- **Court:** Arizona Supreme Court
- **Decided:** February 27, 1975
- **Citations:** 111 Ariz. 437; 532 P.2d 157; 1975 Ariz. LEXIS 248
- **Precedential status:** Published
- **Opinion:** Concurrence by Lockwood
- **Judges:** Hays, Struckmeyer, Cameron, Holohan
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9536609

## Opinion text

*440 LOCKWOOD, Justice
(concurring in the dissent) :
I concur in the dissent of Justice Struckmeyer:
I fail to see why “[the] equalization of the rights and obligations of men and women” justifies erosion of this Court’s longstanding policy of supporting and encouraging the institution of marriage. While the rights of both the man and woman are equal, neither one is “more equal” than the other. A warrantless search of areas of the home under joint control should only be permitted where both spouses have given consent. Marriage and the home are thus protected.
The rationale underlying our holding in Pina remains valid today. I would therefore order the case returned to the Superi- or Court to determine whether the Yuma Police had a reasonable opportunity to obtain a search warrant.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9536609. Public record. Not legal advice.