Articles Posted in Drug Crimes

Last month, a state appellate court issued an opinion in an Arizona assault case in which the defendant was also found in possession of methamphetamine. The appellate court’s opinion dealt with several issues, including the defendant’s claim that the officer illegally searched his vehicle without consent. However, because the court found the officer’s testimony more credible, it denied the defendant’s motion. The case illustrates the importance of credibility in criminal trials generally, as well as during a defendant’s testimony in a suppression hearing.

The Facts of the Case

According to the appellate opinion, a police officer pulled the defendant over for a traffic violation. During the stop, the officer asked the defendant for permission to search the car. According to the officer, the defendant agreed. The officer then found methamphetamine in a sunglasses case in a void underneath the steering column.

Although not relevant to this issue on appeal, the officer then asked the defendant to get out of the vehicle. Initially, the defendant complied, but then ran back into the car. As the officer reached into the door to grab the defendant, the defendant slammed the car door on the officer’s arm several times before the officer let go. The defendant then drove off.

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Recently, the Arizona Court of Appeals, issued an opinion in a defendant’s appeal of her conviction for the possession of dangerous drugs and drug paraphernalia. The case addressed whether the defendant experienced prolonged detainment and whether the detainment was supported by reasonable suspicion of criminal activity. Those facing Arizona drug charges should understand how the law protects their rights in these cases.

In this case, the defendant was driving in the early morning hours when she pulled over because she began to feel sick. A deputy noticed her car and pulled over to see if the woman and her occupants needed help. The defendant told the officer that she was on new medication and felt like she might have a seizure; however, she declined the officer’s offer to call an ambulance. The officer inquired about any drugs or weapons; however, she did not answer and then responded that she just ate. However, the officer called for a drug-detection dog and a medical unit. The woman’s boyfriend and an ambulance arrived, and the officer asked the boyfriend to wait at a gas station. Soon after, a drug detection dog arrived and alerted the officers of the presence of drugs.

Under Arizona law, officers can conduct a brief investigatory stop, if the officer has a “reasonable, articulable suspicion” that criminal activity is occurring. Reasonable suspicion requires that an officer explain some “minimal, objective” justification for the detention. Generally, courts must look at all relevant factors and review them collectively. Courts tend to provide deference towards an officer’s ability to determine whether a defendant’s actions were innocent or suspicious.

Recently, an Arizona defendant appealed his conviction and sentence for the possession of a dangerous drug and drug paraphernalia. The defendant argued that the trial court erred by denying his motion to suppress. The case arose after a patrol officer in a “high-drug area” witnessed the defendant enter the parking lot of a closed grocery store to briefly talk to a man on a bicycle. The officer, believing that the defendant was engaged in a crime, called for backup. Meanwhile, the defendant entered a gym for a few moments and then left and drove away. The officers pulled the defendant over when they noticed that he did not have a license plate or license plate light.

The officers advised the defendant that they were stopping him because of his license plate issues, and they asked him for his identification, registration, and insurance. The officers noted that the defendant seemed nervous, continually tried to put his hands in his pockets, and denied having any drugs. The officers requested K-9 units based on the man’s evasive answers, perceived drug residue on his tongue, and the time of night and nature of the high-crime area in which he was driving. A search revealed methamphetamine, a metal spoon, glass pipe, measuring cup, ice cream scoop, and medical syringes. The trial court sentenced him to nine years in prison. The defendant argued that his stop was not “based on reasonable suspicion of criminal activity,” and even if the stop was reasonable, the length and duration of the stop was impermissible.

Under the Fourth Amendment, an investigative stop is a type of seizure. However, because they are less intrusive than arrests, they do not require the probable cause necessary to effectuate an arrest. Police officers only need to have a reasonable suspicion that a person violated a traffic law or is engaged in criminal activity to conduct an investigatory stop. In this case, the defendant argued that the stop was improper because he had a temporary license in his window. Here, the court found that the temporary registration was not “clearly visible.” Therefore, the court found that the trial court did not err in finding that the officers had reasonable suspicion to stop the defendant for his missing license plate.

Earlier this month, a state appellate court issued a written opinion in an Arizona gun crime case involving the defendant’s challenge to the legality of the search conducted by police officers that led to the discovery of the firearm. Ultimately, the court held that the defendant voluntarily answered the questions posed by police, and he was not seized before the police officers developed probable cause to search his vehicle. Thus, the court affirmed the defendant’s conviction.

According to the court’s opinion, two police officers pulled into a dark parking lot and saw the defendant sitting in a car with another person. The officers observed the two men for about a minute before approaching the defendant’s car. One officer approached on each side of the car, and as they approached, they recognized the smell of burnt marijuana.

One of the officers asked the defendant, “Real quick, [are] there any guns, bombs, knives, Bazookas, or dead bodies inside the vehicle that I need to learn about?” The defendant replied that there were not. When the officer followed up with a request that the defendant exit the car, the defendant told him no and asked for a supervisor or a lawyer. The defendant was removed from the car, and the officers recovered a firearm and narcotics from the car. Subsequent to his arrest, the defendant admitted to possession of the gun and the drugs.