When Can an Officer Reasonably Prolong a Traffic Stop in Arizona?

In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the brief amount of time that it takes an officer to address the traffic violation with the driver. Then, in general, the officer must let the driver leave. In certain circumstances, though, the officer may prolong the traffic stop. A recent case before the Court of Appeals of Arizona, Division 1, demonstrates when this “prolonging” is appropriate under Arizona law.

Arizona Case Law Regarding Traffic Stops

After an officer resolves the original purpose of a traffic stop in Arizona, he is required to let the driver leave unless one of two circumstances is in play: (1) the driver consensually stays or (2) the officer develops “reasonable and articulable suspicion that the driver is engaged in illegal activity.”

Case Before Court of Appeals

In the recent case before the Court of Appeals of Arizona, Division 1, officers suspected that the defendant in the case had been involved in a recent hit and run during which another driver died. The officers pulled the defendant over for a traffic violation, but they then proceeded to keep the defendant at the traffic stop to question him about the hit and run. The defendant was charged with second-degree murder, aggravated assault, and leaving the scene of a fatal accident, and a jury later found him guilty. He filed a motion to suppress the statements he made during the prolonged traffic stop, which the trial court denied. He promptly appealed.

In the appellate opinion, the higher court denied the defendant’s request to suppress the statements he made during the traffic stop. In this case, said the court, the officers had reasonable suspicion that the defendant was involved in the hit and run. Several witnesses had told the officers that the defendant was racing another car, hit a vehicle, and fled the scene. There was also video footage to support the witnesses’ statements. With this evidence in play, the officers had grounds to prolong the traffic stop.

For these reasons, the trial court properly denied the defendant’s motion to suppress. The higher court affirmed his convictions. Overall, the case serves as an important reminder. If you are a suspect in a crime, officers only need a small traffic violation to develop grounds to question you via a traffic stop. If you are questioned by an officer in connection with a traffic stop, know that you may have grounds to challenge the length of the stop under Arizona case law.

Do You Need a Maricopa County Criminal Defense Lawyer in Your Corner?

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 fight relentlessly for our clients in order to make sure their freedoms are protected and their rights are preserved.

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