Phoenix, AZ asked in Criminal Law and Traffic Tickets for Arizona

Q: I live in Az and was recently stopped illegally. After the stop the officer never cited me for the original made up

Offense. I was charged with driving while revoked and taken to jail. After the stop the officer made a comment he thought my wife was a prostitute and that's what we were up to. The area we were in was near Metro Center Mall and i guess it's a high crime area. Neither of these is probable cause for a stop. The officer wouldn't give me a reason at first, then said it was because i swerved into his lane during a left hand turn. I have the dash cam that shows him nearly hitting me after coming more then half way into my lane. I almost had to drive on sidewalk to avoid collision.

I need to file a suppression motion to the courts and was hoping for any positive feedback that would be helpful. I know it's covered under the 4th amendment of the constitution that i can do this. Just looking for a little advice. Thank you

Related Topics:
1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The standard for an officer to initiate a traffic stop is actually Reasonable Suspicion (not Probable Cause). Reasonable suspicion is a lower standard than probable cause. You really should consider hiring an attorney as we are very familiar with writing suppression motions. With reasonable suspicion don't get your hopes up on winning it. In practice, if an officer suspects any traffic violation at all, judges typically uphold the stop as legal.

Probable cause which is a slightly higher standard is required when the officer makes an arrest (but again not required for a stop).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.