In the criminal justice system, it often feels like the police and prosecutors have all of the power. In reality, they do wield an enormous amount of power. At the same time, they are required to follow certain laws to protect the constitutional rights of people accused of crimes.
Despite these requirements, law enforcement often fails to meet these standards. This can include stopping or arresting someone without reasonable suspicion, failing to administer Miranda warnings, and illegally searching someone’s property. The remedy for these violations can vary, but in some cases, it may result in suppression of the evidence. Our Arizona criminal defense attorneys will use our knowledge of the law to get the charges against you reduced or dismissed whenever possible.
At Matthew Lopez Law, we offer skilled legal representation to Arizonans facing all kinds of criminal charges, from DUI to sexual assault to drug charges. We take our responsibility to uphold the Constitution and protect the rights of our clients seriously. For a free initial consultation with a Maricopa County criminal defense lawyer, reach out to our law firm today.
Examples of Police Failures to Follow Procedure
Although it sometimes may not seem like it, the police are required to follow certain rules when it comes to investigating crimes and interacting with suspects in criminal cases. A violation of these procedures may sometimes be grounds for having a criminal charge dismissed. Alternatively, it may result in the charges being reduced because certain evidence is suppressed.
Our team of seasoned Maricopa County criminal defense lawyers thoroughly examines each criminal case to determine if there are any possible legal violations. We do so with the ultimate goal of getting the best possible outcome for our clients. Below, we outline some of the more common violations of police procedure that we come across in our criminal defense work.
No Reasonable Suspicion
In Arizona, police must have reasonable suspicion to make a stop. This is true for both traffic stops (such as for a DUI) as well as for stopping a person who is walking down the street.
Reasonable suspicion is a legal standard that means that law enforcement has specific, articulable facts indicating that criminal activity may be afoot. It requires something more than just a hunch or a gut feeling (which may often be little more than a thin excuse for racial profiling). However, it is a lower standard than probable cause, which is necessary for the police to arrest someone or search them or their property.
For example, consider a situation where the police see someone walking down the street carrying a bag that appears to be stuffed full of cash. In this situation, they likely have sufficient reasonable suspicion to make what is known as a Terry stop, or a brief investigative stop to determine if the person is involved in a crime. In the same scenario, if the police officer just “didn’t like the looks of” the same person, without any other evidence, they likely would not have reasonable suspicion to make the stop.
If the police stop someone without reasonable suspicion and ultimately arrest them, there may be legal consequences. Specifically, if the police find evidence of a crime based on that stop, an Arizona criminal defense attorney could have that evidence suppressed based on the constitutional violation. Without this evidence (such as a bag of drugs), the charges could be reduced or dropped.
Failure to Read Miranda Rights
If you ever watch crime shows, you are probably familiar with Miranda warnings: essentially, that you have the right to remain silent and that you have the right to an attorney. These warnings stem from a U.S. Supreme Court case where the Court determined that if you are subjected to custodial interrogation, you are entitled to a warning about your constitutional rights.
A person is in custody for Miranda purposes when they are not free to leave or when they are deprived of their freedom of action in a significant way. For example, if you are in handcuffs in the back of a police car, you would be considered to be in custody. A custodial interrogation occurs when you are in custody and are being asked questions by law enforcement that are likely to produce an incriminating response.
When you are subjected to a custodial interrogation, the police are required to advise you of your Miranda rights, which are based on your constitutional rights. You can then choose whether or not you want to waive your rights (which no criminal defense lawyer would advise you to do).
If the police do not advise you of your Miranda rights, then anything that you say to them could potentially be excluded from your criminal case. Your Arizona criminal defense attorney will file a motion with the court asking it to suppress statements given in violation of your constitutional rights. If the court agrees, then the statements will be excluded, and your charges may be reduced or dismissed.
Illegal Search and Seizure
Americans have a constitutional right to be free from illegal search and seizure. Generally, this means that police must have probable cause to obtain a warrant, conduct searches, or make an arrest. The probable cause standard is based on the Fourth Amendment of the U.S. Constitution. Broadly, it means that the police have sufficient facts based on reasonably trustworthy information for a reasonable person to believe that the suspect either has committed or is committing a crime.
Typically, the police need a warrant based on probable cause to conduct a search or make an arrest. There are exceptions to the warrant requirement, such as a person committing a crime in front of a police officer or an officer seeing contraband in plain sight (such as on the front seat of your car when they make a lawful traffic stop).
If the police do not have probable cause for a search or seizure, then it is considered illegal. Any evidence obtained as a result of this illegality will likely be suppressed. As with other types of police misconduct, your lawyer will file a motion to suppress and ask the court to exclude any illegally obtained evidence. This could result in a reduction or dismissal of charges.
Facing Criminal Charges? We’re Here to Help.
When the police don’t respect individuals’ constitutional rights, there may be consequences. This may include having illegally-obtained evidence (including both statements and physical evidence) excluded from court. Our Arizona criminal defense attorneys are particularly skilled at helping our clients get their charges reduced or dismissed based on these types of violations.
At Matthew Lopez Law, we are committed to providing the highest quality legal defense to our clients. We start each case with a thorough analysis and investigation so that we can develop the best possible legal and factual defenses. If you have been charged with a crime in Arizona, schedule a free initial consultation with an Arizona criminal defense attorney by calling us at 480-608-9998 or filling out our online contact form.
Related:
Statutory Rape in Arizona: Understanding the Age of Consent Laws
What Happens If Sexual Assault Charges Are Dropped Before Court?
What to Do If You’re Falsely Accused of a Sex Crime in Arizona