Arizona DUI & Criminal Defense Attorney Blog
If a police officer initiates a traffic stop for an alleged traffic violation in Arizona, the stop opens the door for the officer to find evidence of other possible criminal activity. In a recent case before an Arizona court, the defendant appealed his conviction for weapons misconduct, arguing that the officers that pulled him over for a traffic violation were actually just hoping to catch him in the act of additional criminal activity. Unfortunately, Arizona law affirmed that the defendant’s unlit license plate was reasonable grounds for the officers to a) stop the defendant and b) arrest him for unrelated criminal activity.
The Traffic Stop
The officers in this case were on patrol at a motorcycle rally, and they noticed that the defendant was wearing clothing consistent with a gang in Arizona. They approached the defendant, notifying him that he was operating a motorcycle without a license plate light. Upon additional conversation, the officers learned that the defendant was carrying a knife and a pistol. They later learned that he carried the pistol unlawfully. The defendant was both charged with and convicted of three counts of weapons misconduct.
The defendant took issue on appeal with the fact that the officers stopped him under the pretext of a missing license plate light when, in reality, they suspected additional criminal activity in the area and decided to act on those suspicions by finding a relatively small traffic code violation. This practice was unfair, said the defendant. It violated his constitutional rights, and his conviction should therefore be overturned.
The Court’s Decision
The higher court disagreed. Arizona traffic law is clear: vehicles must have proper lights in proper condition, and some kind of light must illuminate the vehicle’s license plate. Because of this law, the officers reasonably initiated the traffic stop. The knife and pistol they found after initiating the stop were also within the scope of their duties – that is, even though the license plate light had nothing to do with the weapons, it was legal for them to arrest the defendant on weapons-related charges.
The Takeaways
This case serves as a stark reminder that even minor traffic violations can serve as valid reasons for an officer to initiate a traffic stop. After the traffic stop begins, the officer can potentially make an arrest on all sorts of unrelated charges. The lesson is clear – ensure you are following all traffic laws at all times, and make sure you do everything in your power to avoid giving officers a reason to pull you over in the first place.
Do You Need a Phoenix Firearms Attorney by Your Side?
If you or a loved one has been criminally charged in Arizona, give our office a call to talk through a defense strategy that works for you. At the Law Office of James E. Novak, we take pride in our dedicated approach for each individual client and each individual case. We also explore every possible angle in our clients’ cases to launch an aggressive defense and make sure our clients’ rights are well protected.
If you haven’t yet spoken with an experienced Phoenix firearms attorney, call us today for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible.