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Articles Posted in 4th Amendment Rights at a Stop

How to Avoid Probable Cause to Arrest for Unlawful Flight
Law Office of James Novak

5 Things You Should Know about Your Rights in a Police Stop and Arrest . In Mesa AZ you cannot be arrested on the basis of a non-criminal traffic violation.
However, that changes if you fail to stop or flee when police signal you to pull over for the matter. Fleeing from police or failure to stop are in violation of criminal unlawful flight laws. The most important thing you can do when you see flashing lights or hear the siren is to pull over safely and promptly. In the least you should slow down and find a way to signal to police that you see them and intend to pull over. Otherwise you could create probable cause for your arrest.
Recently, an Arizona Appeals Court ruled on whether or not a search warrant was required for police to follow a driver into a private driveway for a stop that began on a public road. It held that though a person is not subject to arrest for a civil traffic violation, failure to stop or comply with police does result in creating probable cause for arrest. The following case summary provides the Appeals Court’s majority opinion and basis for their decision to allow the evidence which reaffirmed the conviction. This article also provides a recent Arizona case ruling, and a list of 5 important questions and answers related to your rights at a stop, and defending subsequent criminal charges.

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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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