Articles Posted in Weapon Crimes

The Arizona Court of Appeals recently issued an opinion in a defendant’s appeal of his conviction and sentence for two cases, one of which involved an Arizona weapons offense. That case arose when police officers stopped the defendant when they noticed him riding his bicycle against traffic on a two-lane road. During the stop, police noticed a combat-style knife on his hip. When asked, the defendant admitted he was a felon, and the detectives arrested him. The court consolidated both of the defendant’s cases, and the defendant appealed, arguing that the court erred by denying his motion to suppress.

The defendant argues that police abused their discretion and improperly stopped him. He further contends that he was not violating a statute because he was not riding his bike on the roadway. Under the Fourth Amendment, law enforcement cannot engage in unreasonable searches and seizures. Moreover, the exclusionary rule prohibits the state from introducing evidence seized in violation of the defendant’s Fourth Amendment rights. Generally, investigative stops are permitted if the stop is substantiated by “reasonable suspicion that criminal activity is afoot.”

In this case, the officers testified that they drove by the defendant when they noticed him riding on the gravel, talking on a cell phone, and steering the bike with one hand. They stopped him after they noticed oncoming traffic swerving to avoid the defendant. The court found that the detectives possessed the requisite reasonable suspicion to stop the defendant. The court reasoned that the police believed that the defendant was obstructing the highway and creating a public hazard.

The Armed Career Criminals Act (ACCA) is a federal law that requires a minimum sentence of 15 years’ incarceration for certain individuals. Specifically, ACCA imposes the minimum sentence for anyone convicted of a gun crime, who has three or more “violent felony” convictions. The United States Supreme Court is expected to release its decision in a recent case answering the question of whether a crime involving a defendant’s “reckless” conduct meets the definition of a violent felony. This case could have broad implications in many Arizona gun cases.

Originally passed in 1984, the ACCA has since been interpreted by many courts. One of the most common issues in ACCA cases is whether the defendant’s prior convictions fit within the definition of a “violent felony.” If so, the defendant will face the minimum 15-year sentence. The ACCA defines a violent felony as one that “has as an element the use, attempted use, or threatened use of physical force against the person of another.”

Recently, the U.S. Supreme Court heard oral argument in a case requiring the Justices to determine if a crime involving reckless – and not intentional – conduct can qualify as a violent felony under the ACCA.