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 specifically says that the appropriate duration for a traffic stop depends on the stop’s “mission” and on how long it takes the officer to address any safety concerns with the driver. Once the officer completes the “mission” of the stop, the officer can only prolong the stop if 1) the driver consents or if 2) the officer develops “reasonable suspicion” that there might be criminal activity afoot.
Circumstances Relevant to Reasonable Suspicion
Courts can interpret this case law differently. Importantly, courts will look at the circumstances surrounding a traffic stop to determine if an officer properly prolonged the stop when investigating additional criminal activity. This inquiry generally arises when an officer arrests a driver for a reason totally unrelated to the original traffic violation.
Whether or not an officer has “reasonable suspicion” depends on the “specific, articulable facts” of the traffic stop’s circumstances. The officer may consider factors such as the driver’s conduct and appearance, the location of the stop, the time of day, and the officer’s training leading up to the stop. If an officer suspects drug use, for example, the officer might rely on his experience investigating drug crimes to determine whether the driver appears to be under the influence. If the officer has significant experience with drug crimes, the court will be more trusting when the officer says he suspected drug use during the traffic stop.
Filing a Motion to Suppress
If you think an officer might have unreasonably prolonged your traffic stop in Arizona, and if that traffic stop led to unrelated charges, you might have reason to file a motion to suppress. This motion asks the trial court to remove from the record any statements or evidence related to the prolonged traffic stop. If your attorney can prove that the officer did not have reasonable suspicion to believe criminal activity was afoot, the court has the option to suppress the evidence, which can in turn lead to the state’s dropping the charges against you.
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