Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing false and misleading information on official paperwork. Ultimately, however, the appellate court concluded that the lower court’s decision to deny the motion should be upheld.
The Facts of the Case
According to the court’s opinion, a trooper pulled over the defendant for following another vehicle too closely. Upon observing the defendant, the trooper believed the defendant was under the influence of drugs or alcohol and requested he consent to a blood draw. The defendant denied the request, and the trooper then obtained a warrant to draw the defendant’s blood. Ultimately, the defendant was arrested for DUI.
In a pre-trial motion to suppress, the defendant presented evidence showing that the trooper who arrested him resigned during an investigation into alleged misconduct during the trooper’s DUI arrests. Evidently, the trooper faced allegations that he “arrested suspects without probable cause and filed reports containing false information.” The defendant also presented evidence that the trooper included the wrong date and time on the paperwork he generated related to the defendant’s arrest. The defendant argued that these facts, viewed together, cast doubt on the reliability of what the trooper claimed he observed.