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.