Reasonable Suspicion

November 13, 2018

Court Holds Reasonable Suspicion Exists to Pull Over Vehicle if Owner’s License Is Suspended

Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case discussing whether a police officer had reasonable suspicion to pull over the vehicle the defendant was driving based on the fact that the officer knew the owner of that vehicle had a suspended driver’s license. Ultimately, the court concluded that a police officer has reasonable suspicion to initiate a traffic stop if they are aware the owner of the vehicle has a suspended license.

Reasonable Suspicion Required to Stop a Car

For a police officer to initiate a stop, the officer must have an objective belief that the person is involved in some illegal activity. When it comes to pulling over a motor vehicle, Arizona courts have held that an officer must have a reasonable suspicion that the operator is engaged in illegal activity.

The Facts of the Case

According to the court’s opinion, a police officer observed the defendant make a “fairly fast turn,” and ran the vehicle’s tag. Upon doing so, the officer learned that the owner of the vehicle had a driver’s license that had been revoked. Using his on-board computer, the officer viewed two pictures of the vehicle’s owner.

August 24, 2018

When Can an Officer Pull a Motorist Over Based on a Belief of Intoxication?

by James E. Novak, P.L.L.C.

While getting pulled over may seem random – and indeed, sometimes it is – police officers are not permitted to pull motorists over for no reason. In fact, when a traffic stop is challenged, police officers must be able to articulate the reasons they relied upon for stopping a motorist. If a police officer does not have an adequate reason to stop a motorist, or impermissibly extends the length of a traffic stop in order to conduct an investigation unrelated to the reason for the stop, any evidence seized as a result of the stop must be suppressed.

Many police “fishing expeditions” begin with an officer stopping a motorist they believe is engaged in illegal activity for unjustifiable reasons. For example, a stop may be based on the way the person looks, or an aggressive – but not necessarily illegal – traffic maneuver. The same is true for a police officer’s reasons to search a car.

Of course, police are permitted to pull a motorist over for a traffic violation and may search a car when there is evidence of criminal activity readily observable inside the car. One of the most common reasons police officers use to justify both traffic stops and searches of a cars is a belief that the driver was intoxicated. However, evidence of intoxication is notoriously suspect because it is subjective and there is often a major lack of documentation.

July 30, 2018

Court Discusses When Police Can Legally Stop a Motorist for Swerving in Recent Arizona DUI Case

by James E. Novak, P.L.L.C.

Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case, discussing when a police officer has cause to pull a motorist over for swerving. Ultimately, the court concluded that the defendant’s driving did warrant the officer’s traffic stop, and thus affirmed the denial of the defendant’s motion to suppress.

The Facts of the Case

A police officer first noticed the defendant’s vehicle because it was traveling 10-15 miles per hour below the posted speed limit. The officer began to follow the defendant, and observed the defendant’s vehicle cross the fog line and travel back and forth from one side of the lane to the other. The officer also witnessed the defendant stop short at two intersections. At all times, the defendant’s vehicle stayed within the lane of travel and maintained a speed between 10-15 miles per hour below the speed limit.

A few moments later, the defendant made a wide left-turn, again staying within his lane. However, after the turn, the officer testified that the defendant started to make “drastic moves . . . like an S,” crossing the fog line and driving into the painted median. The officer pulled the defendant over and eventually arrested him for DUI.

April 1, 2017

DUI Issues: What If There Was Insufficient Cause for a Traffic Stop?

by James E. Novak, P.L.L.C.

If you're charged with drunk driving, it can have a major impact on your life and livelihood. That's why it's so important to speak with an experienced Phoenix DUI defense attorney. A skilled lawyer can examine the circumstances of your case and help ensure that all of your rights were observed.

Sometimes motorists are pulled over without sufficient cause. That could be ground for dropping charges or adjusting penalties. Let's examine how probable cause and reasonable suspicion figure into drunk driving cases.

Probable Cause and Reasonable Suspicion for DUI Stops