DUI & Criminal Defense

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The Definitive Guide to Defeating an Arizona DUI | DUI Arrests (2019)

CHAPTER 3:

DUI Arrests

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"Mr. Marks, by mandate of the District of Columbia Precrime Division, I'm placing you arrest for the future murder of Sarah Marks and Donald Dubin that was to take place today, April 22 at 0800 hours and four minutes."

~Precrime Chief John Anderton, Washington, D.C., Wednesday, April 22, 2054, 8:04am, Minority Report.

Motions to Suppress Based on an Illegal Arrest

Arizona gives law enforcement broad arrest powers.  However, police officers may only arrest a person once they have  probable cause to believe committed a felony or misdemeanor.

Relevant Arizona Law

DUI and vehicular crimes arrests are generally made without a warrant.  Warrantless arrest in Arizona are governmeed by statute (which must also comply with the both the United States and Arizona Constiutions).

§ 13-3883. Arrest by officer without warrant:

A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe:

1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.

2. A misdemeanor has been committed in the officer’s presence and probable cause to believe the person to be arrested has committed the offense.

3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28,1 and that such violation occurred prior to or immediately following such traffic accident.

4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under § 13-3903.

5. The person to be arrested has committed any public offense that makes the person removable from the United States.

B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer’s presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.

 

§ 28-1594. Authority to detain persons

A peace officer or duly authorized agent of a traffic enforcement agency may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this title and to serve a copy of the traffic complaint for an alleged civil or criminal violation of this title.



 

Issues & Case Law

State v. Sweeney, 224 Ariz. 107, ¶ 17, 227 P.3d 868, 873 (App.2010)

  • Police officers do not have authority to conduct a traffic stop indefinitely. See State v. Sweeney, 224 Ariz. 107, ¶ 17, 227 P.3d 868, 873 (App.2010) (traffic stop “ ‘must be temporary and last no longer than is necessary to effectuate the purpose of the stop’”), quoting Florida v. Royer, 460 U.S. 491, 500, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983).
  • “[T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission’—to address the traffic violation that warranted the stop and attend to related safety concerns.” Rodriguez v. U.S., 135 S.Ct. at 1614, quoting Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005).

Temporary detention can become an arrest regardless of how the police characterize it.  An officer is only permitted detain a person as reasonably necessary to investigate something or to matter, and (2) safeguard themselves. Temporary detention transforms into a de facto arrest if the scope goes beyond what is necessary under the circumstances.

Important Arizona Cases:

  • State v. Navarro, 201 Ariz. 292, 34 P.3d 971 (App. 2001)
  • State v. Blackmore, 186 Ariz. 630, 925 P.2d 1347 (1996)

U.S Supreme Court Cases:

  • Kaupp v. Texas, 538 U.S. 626 (2003)
  • Davis v. Mississippi, 394 U.S. 721 (1969)

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