In March of this year, a state appellate court issued a written opinion in an Arizona DUI case involving the defendant’s motion to suppress evidence that was recovered during the traffic stop that led to his arrest. Specifically, the defendant claimed that the police illegally seized him after they found out that he did not have any warrants for his arrest. However, the court rejected the defendant’s argument, allowing the admission of the evidence.
The Facts of the Case
According to the court’s opinion, a police officer observed the defendant driving a vehicle ten miles per hour under the speed limit on a rural road in Pima County. The officer also noticed the defendant swerve out of his lane once, and then pull off to the side of the road. The officer pulled behind the defendant and approached the vehicle to conduct a welfare check.
The officer noticed an open case of beer in the defendant’s car. When the officer asked how the defendant was feeling, the defendant responded that he was okay, and that he pulled over because he needed to urinate. At this point, the officer noticed a smell of alcohol emanating from the defendant. The defendant provided his identification, and the officer requested over the radio for a fellow officer to run a check for warrants.