In Arizona, people are protected against an unlawful vehicle search or seizure by the Fourth Amendment to the U.S. Constitution. While the Fourth Amendment requires officers to get search warrants before they search your property, there are several exceptions to the warrant requirement that allow them to search without a search warrant.
Vehicle searches are treated differently than searches of your home,and police are generally allowed to conduct warrantless searches of vehicles as long as they have probable cause.
Several other exceptions also allow police to search vehicles without warrants, including consent, searches incident to an arrest, inventory searches, plain view searches,and searches based on reasonable suspicion. We’ll take a brief look at each of these exceptions below.
Warrantless Searches Based on Probable Cause
In 1925, the U.S. Supreme Court established the and-faqs/research-by-subject/4th-amendment/searchingavehicle-carroll.pdf” target=”_blank” rel=”noopener”>mobile conveyance exception to the search warrant requirement in Carroll v. United States. In their decision, Supreme Court distinguished vehicles from homes, noting that vehicles can easily be moved away from a traffic stop,and evidence could be destroyed.
As long as police have probable cause, they can search your car without a warrant under the mobile conveyance exception without it being considered an unlawful search.
An officer has probable cause when a reasonably prudent person in the same situation would believe that evidence of a crime is likely located inside of a vehicle. However, only the areas in which the suspected evidence would likely be located can be searched.
For example, if a police officer has probable cause to believe that you stole your neighbor’s 60-inch televisionand that it is likely hidden in your car, he or she can search your vehicle’s trunk. However, the officer would not have probable cause to search your glove box since a television would not fit inside.
If a police officer pulled you over for a minor traffic violation, he or she will generally not have probable cause to support a warrantless search of your vehicle. However, if your conduct following the stop allows the officer to develop probable cause that evidence might be located in your vehicle, he or she can search without a warrant.
Consider this, if you are stopped for speeding, the officer will not be able to search your car based only on that. However, if he or she smells alcohol on your breath, he or she can search your car for open containers of alcohol.
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What Does Justification Defense Mean?
/in Blog, Criminal Defense /by Attorney Arja ShahIf you have been charged with a crime in Arizona, you should retain an experienced criminal defense attorney for help with defending against your charges. While you might think that you will be convicted as charged, it is possible to successfully defend against criminal charges. Defense attorney Arja Shah might use several different types of defense strategies on your behalf to show the court that you are either not guilty or should not face the most serious penalties because of the circumstances and facts of what occurred.
In some cases, people who are charged with crimes might either have justification or excuse defenses available to them.
By contrast, excuse defenses exist when a defendant committed an offense but did not have the mental capacity or required belief at the time of the conduct, providing the jury or judge an opportunity to excuse what he or she did. Here is some more information about justification and excuse defenses from the Shah Law Firm.
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What are the Different Types of Justification Defenses?
A justification defense might be asserted when the incident occurred, but the defendant had a justifiable reason for committing the act. The justification defenses include the following:
Justification defenses can be asserted as affirmative defenses to criminal charges when the benefits of what happened outweigh the negatives. When a defendant’s actions that would otherwise be criminal in nature were warranted, his or her conduct might be considered justified. While the prosecution generally has the burden of proof to prove your guilt beyond a reasonable doubt, you will have the burden of proof when you assert a justification defense.
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Can an Out-of-State DUI Affect you in Arizona?
/in Blog, DUI /by Attorney Arja ShahDUI charges in Arizona are well known for being some of the strictest in the country, but what about if you receive a DUI in a different state than Arizona? How does that affect you here? What about a DUI in another country, such as down in “Rocky Point,” Mexico? That will be an article for a different time.
In this article, we will discuss the facts about an Out-of-State DUI. Since each state has its own set of laws and statutes, DUI laws vary from state to state.
DUI Penalties and Laws in Arizona vs. an Out-of-State DUI
The penalties for a DUI conviction tend to be harsher in Arizona than in many other states. However, Arizona treats license suspensions more easily than some other states. For example, if you are convicted of a first DUI offense in Arizona, your license will typically be suspended for 90 days.
After not driving for 30 days, you will be eligible for a restricted license for the final 60 days to drive to-and-from your job, school, and treatment classes. By contrast, if you are convicted of a first DUI offense in Colorado, your license will be suspended for one year.
By contrast, the fines and fees for a first offense DUI conviction in Arizona tend to be much higher than in other states. If you are convicted of a first DUI offense in Arizona, you will be assessed at least $1,500 in fees and fines along with a minimum of one day in jail. In many other states, the fines and fees are much lower, and no jail time is given for a first offense DUI.
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10 Strange Types of Disorderly Conduct Charges in Arizona
/in Blog, Criminal Defense, Criminal Trespass, Disorderly Conduct /by Attorney Arja ShahOne of the most commonly charged offenses in Arizona is disorderly conduct. This offense is also known as disturbing the peace and is used by the police as a type of catch-all offense when someone engages in behavior that others find disturbing.
While this charge is very common, it is also a criminal offense. Here are 10 strange examples of disorderly conduct charges followed by a discussion of the penalties you might face if you are convicted of disorderly conduct.
1. Pulling a fire alarm.
Pulling a fire alarm is a juvenile type of prank that has been popularized in many movies. However, if you pull a fire alarm at a school or business, you could end up facing disorderly conduct charges.
2. Brandishing a gun/firearm.
While many people in Arizona love their guns, behaving in a manner deemed to be irresponsible with a firearm can get you in trouble. Unless you are defending yourself, it is illegal to recklessly display, discharge, or handle a gun in a manner that disturbs your family, friends, or neighborhood.
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New Arizona Recreational Marijuana DUI Laws in 2021
/in Blog, Criminal Defense, Drug Crimes, DUI /by Arja.Shah.LawThe DUI statute in Arizona is found at ARS 28-1381. Under this law, there are two different ways that people can be charged with driving under the influence of drugs. Under 28-1381(A)(1), it is illegal to operate a motor vehicle while you are under the influence of any drug, alcohol, or inhalant when you are impaired to the slightest degree. If you consume marijuana and then drive your vehicle while impaired by it, you can be charged with a marijuana DUI under this law.
Under ARS 28-1381(A)(3), people can be charged with DUIs when they operate motor vehicles with any drug listed in ARS 13-3401 or its metabolite. This subsection is a zero-tolerance law because you can be arrested if you have any amount of a listed drug in your system, even if you are not impaired. Marijuana is one of the listed drugs, along with heroin, cocaine, methamphetamines, and prescription drugs when you do not have a valid prescription.
While marijuana is a listed drug for a DUI charge under ARS 13-1381(A)(3), ARS 36-2852(B) specifically states that a person who has marijuana or its metabolites in their system cannot be convicted of a DUI under this subsection unless they are impaired to the slightest degree.
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What Does Stacking Charges in a Criminal Case Mean?
/in Blog, Criminal Defense /by Attorney Arja ShahStacking charges, or what can be perceived as “combining charges,” occurs when a prosecutor treats separate offenses as prior convictions to treat a defendant as a repeat offender even if he or she does not have any prior convictions. Repeat felony offenders face enhanced sentencing in Arizona as compared to first-time offenders for the same offenses.
If a prosecutor can prove that the offenses were committed at separate times, the defendant may be sentenced more harshly than others.
For example, if someone is charged with three burglaries on subsequent days and is prosecuted for them in a single trial, he or she may be treated as a repeat offender if the prosecutor is stacking charges and is able to prove all three criminal charges beyond a reasonable doubt.
Why Stacking Charges is a Real Problem
Prosecutors often use charge stacking as a way to convince defendants to accept plea offers that might otherwise be unfavorable. For example, a prosecutor might tell a defendant that he or she will ask for an enhanced sentence if the defendant takes the case against him or her to trial. This might happen even when it is unclear that the offenses would normally be considered separate.
Because the defendant might be frightened at the prospect of facing a potentially lengthy prison sentence, he or she may feel like there is no other choice than to accept the plea offer.
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Out of State DUI when Living Outside of Arizona
/in Blog, Criminal Defense, DUI /by Attorney Arja ShahIn the state of Arizona, law enforcement takes DUI offenses very seriously and has a “zero-tolerance” law. When you are driving in from out of state and are pulled over for a DUI, the standard protocol is to give a field sobriety test, as well as a breathalyzer so the officer can get your BAC number. Additionally, if you refuse a breath test during the stop, you will be taken to the local police station to have your blood drawn.
If you happen to live out of the state of Arizona and have been charged with an out-of-state DUI, this can have some serious, not to mention expensive, consequences. The most important is that if you chose to represent yourself in the matter, not only will you be responsible for any fees, but also for your own travel expenses.
Let’s discuss the laws when it comes to DUI. In Arizona, if your blood alcohol count is over .08 and under .15, you will be charged with a misdemeanor DUI. If you have a BAC level between .15 and .20, you will be charged with an Extreme DUI. Following an Extreme DUI is what is known as a Super Extreme DUI, meaning a BAC level of .20 and greater. Finally, the most severe type of Arizona DUI is a Felony Aggravated DUI.
A felony aggravated DUI charge usually depends on whether you have previous DUI charges within the last 7 years, if there was a minor under the age of 15 present in the vehicle if your license was suspended at the time of the stop, and if someone else was seriously injured as a result of a DUI.
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How can an Arizona Criminal Defense Lawyer Help Your Case?
/in Blog, Criminal Defense /by Attorney Arja ShahThe criminal justice system is very complex and is confusing for most people when they are charged with crimes. Learning how to navigate through the processes and rules can be difficult for people who are not represented by a criminal defense lawyer.
Within the court system, criminal defense attorneys offer guidance to their clients to help them understand each step of the process from bond hearings to jury trials. Throughout their representation, a defense lawyer works to protect their clients’ interests and serve as their confidants.
Criminal defense lawyers fall into two main groups, including those who are appointed by the court and paid for their services by the government and those who are privately retained by people who are facing criminal charges.
At the Shah Law Firm, we offer private criminal defense representation to people who are facing all levels of criminal charges.
Private Criminal Defense Lawyer vs. Court-Appointed Public Defender
People who can afford to hire attorneys for their defenses retain private criminal defense lawyers. Those who are unable to pay for an attorney are not left to navigate the criminal court process alone, however. Indigent defendants can ask the court to appoint public defenders to represent them. A very small percentage of defendants opt to represent themselves and are known as pro se defendants.
Private criminal defense attorneys are directly contacted by the defendant while public defenders are assigned cases by the court. Public defenders are lawyers who are paid for their services by the public defender’s office on a salary basis. These lawyers often have large caseloads and are paid lower salaries than what private criminal defense attorneys earn.
Because of the fact that a majority of criminal defendants are indigent and the court referral process, public defenders often do not have as much time at their disposal to spend on each case.
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Do Police Need a Search Warrant to Search a Car in AZ?
/in Blog, Criminal Defense, Drug Crimes, DUI, Fraud, Shoplifting, Theft, Vehicular Manslaughter /by Attorney Arja ShahIn Arizona, people are protected against an unlawful vehicle search or seizure by the Fourth Amendment to the U.S. Constitution. While the Fourth Amendment requires officers to get search warrants before they search your property, there are several exceptions to the warrant requirement that allow them to search without a search warrant.
Vehicle searches are treated differently than searches of your home,and police are generally allowed to conduct warrantless searches of vehicles as long as they have probable cause.
Several other exceptions also allow police to search vehicles without warrants, including consent, searches incident to an arrest, inventory searches, plain view searches,and searches based on reasonable suspicion. We’ll take a brief look at each of these exceptions below.
Warrantless Searches Based on Probable Cause
In 1925, the U.S. Supreme Court established the and-faqs/research-by-subject/4th-amendment/searchingavehicle-carroll.pdf” target=”_blank” rel=”noopener”>mobile conveyance exception to the search warrant requirement in Carroll v. United States. In their decision, Supreme Court distinguished vehicles from homes, noting that vehicles can easily be moved away from a traffic stop,and evidence could be destroyed.
An officer has probable cause when a reasonably prudent person in the same situation would believe that evidence of a crime is likely located inside of a vehicle. However, only the areas in which the suspected evidence would likely be located can be searched.
For example, if a police officer has probable cause to believe that you stole your neighbor’s 60-inch televisionand that it is likely hidden in your car, he or she can search your vehicle’s trunk. However, the officer would not have probable cause to search your glove box since a television would not fit inside.
If a police officer pulled you over for a minor traffic violation, he or she will generally not have probable cause to support a warrantless search of your vehicle. However, if your conduct following the stop allows the officer to develop probable cause that evidence might be located in your vehicle, he or she can search without a warrant.
Consider this, if you are stopped for speeding, the officer will not be able to search your car based only on that. However, if he or she smells alcohol on your breath, he or she can search your car for open containers of alcohol.
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Are DUI Checkpoints Legal in Arizona?
/in Criminal Defense, Blog, DUI /by Attorney Arja ShahRemoving drivers who are under the influence off of the road is a key goal for law enforcement authorities in Arizona. However, officers are required to respect certain rights of motorists when they conduct traffic stops, including having a reasonable suspicion that the motorists have engaged in illegal activity or are doing so before they can pull them over. To stop a driver for a suspected DUI, an officer must observe some type of indicator that the driver might be intoxicated or is driving dangerously.
DUI checkpoints, or sobriety checkpoints, allow police officers to stop vehicles without first observing any indication of dangerous or intoxicated driving. While this might seem to contradict the general rule for police officers and their requirements for stopping drivers, DUI checkpoints in Arizona have been found to be constitutional as long as they are conducted properly.
Police officers must carry out checkpoints under an advanced plan that provides neutral and explicit limitations on the actions of the officers. This is to prevent police from making pretextual stops on the basis of race. The courts believe that taking away the officers’ discretion about which vehicles to stop in a DUI checkpoint can reduce the likelihood that motorists will be chosen based on an officer’s biases.
What Makes a DUI Stop or Checkpoint Legal?
Under normal circumstances, a police officer will need to have a reasonable suspicion that you have violated the law before he or she can pull you over. This suspicion cannot be an inarticulable hunch. Instead, the officer must observe you engaging in some type of activity that makes him or her reasonably suspect that you have violated the traffic laws or are driving drunk.
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Is a Fingerprint Evidence Enough for a Criminal Conviction?
/in Blog, Criminal Defense /by Attorney Arja ShahIn many movies and television shows, a defendant will be identified and subsequently convicted of a crime after a detective finds his or her fingerprints at a crime scene. However, fingerprints are often not enough by themselves to result in a conviction. Instead, fingerprint evidence is often presented as one piece of evidence rather than the only evidence against a defendant.
When detectives discover fingerprints at a crime scene, they are commonly used in investigations to identify potential suspects or persons of interest. However, because of their limitations, police officers and prosecutors will often want to find additional types of evidence to secure a conviction.
If an officer finds your fingerprints, they will connect you to the crime scene. However, there is no way for the police to determine how long your fingerprints have been there. Interpreting fingerprints to match them may also result in a mistaken identification.
While fingerprints might not have the evidentiary strength of DNA evidence, they are still used in criminal cases. Fingerprints are generally considered to be reliable, and juries understand what they mean. Every person has a series of ridges on their fingers that are ostensibly theirs and no one else’s.
How Fingerprints are Matched to a Suspect
Two principles inform prosecutors about how to handle fingerprint evidence. The first principle is that the friction ridge patterns on your fingertips will not change during your life. The second principle is that every person has a unique pattern of friction ridges, including identical twins.
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