Can Arizona Police Stop Someone for Looking Suspicious?

31 December, 2020 by Admin

police stop arizona

The Constitution of the United States ensures that all people have the right to life, liberty and the pursuit of happiness. As a result, people have the right to go about their lives without interference from others, including the police. However, law enforcement has a duty and responsibility to ensure that they keep the public safe. As a result, there may be certain circumstances where a police officer may become suspicious of someone and may even suspect them of either committing a crime, or attempting to commit a crime. The state of Arizona has struck a delicate balance between the right to freedom and the right to keep the public safe.

Probable Cause vs. Reasonable Suspicion

There are two ways that a police officer has a legal right under the law to stop someone in the state of Arizona.

Probable Cause

Probable cause is when a reasonable person would believe that a crime was either in process of being committed, has already been committed, or will be committed in the near future. The police have a right to stop, search, and arrest any person they have probable cause to believe has committed or will commit a crime in the near future.

Reasonable Suspicion

The United States Supreme Court defines reasonable suspicion as something that is more than an “unarticulated hunch” but that occurs when someone has enough common-sense about a situation that the human behavior exhibited shows that any practical person would come to the conclusion that a crime is about to be committed, or has already occurred. The threshold for reasonable suspicion includes that there are some sort of facts and circumstances that cause a police officer to believe that a crime has been (or will be) committed and includes much more than just an imaginary or unfounded guess. Essentially, reasonable suspicion means that a reasonable person would have the suspicion that criminal activity occured, or is about to occur. If a police officer has reasonable suspicion, he or she may stop someone, frisk them for dangerous weapons (under certain circumstances) and detain the suspect briefly. The police officer does not have the right to search any property without a warrant and can not be the basis for an arrest. Terry v. Ohio, 392 U.S. 1 (1968).

Examples of Reasonable Suspicion

You have the right to live your life as long as you do not engage in any criminal activity. Some examples where a police officer may have the right to stop you for “looking suspicious” may include the following:

It is important to note that simply refusing to cooperate is not sufficient cause for reasonable suspicion for a crime. Florida v. Bostick 501 U.S. 429, 437 (1991). Also, simply living in a higher-crime neighborhood does not give enough cause for a police officer to stop you.

What To Do If You Are Stopped for Looking Suspicious

Looking suspicious can mean many things. Does the police officer think that you are in the process of committing a crime? Then, they have a legal right to stop you. The police do not have a legal right to stop any person under the suspicion that they may be in this country illegally, or simply because they want to question a person of color. Know your legal rights in order to ensure they remain protected. If you are stopped for looking suspicious, and you have not committed any criminal activity, consider the following:

  • Do not fight or act aggressively in any way. Remain polite and calm.
  • Listen to the police officer and politely say “I would like to remain silent.” It is important to note that you may have to legally identify yourself to the police in order to help them understand if they have stopped the wrong person. Other than that basic information, you have the right to remain silent under the 5th Amendment to the United States Constitution.
  • You have the legal right to ask “Am I free to leave?” If you are free to leave, make sure to leave calmly. A police officer does not have the right to continue to ask you questions or detain you without officially arresting you.
  • Additionally, you do not have to agree to a search of your person. Say, “I do not consent to a search.” The 4th Amendment of the U.S. Constitution protects all individuals from unlawful search or seizures. Additionally, the state of Arizona has held that in order for a search to be lawful the police must have a reasonable suspicion that the person engaged in criminal activity, and also that they are armed and dangerous. (Arizona V. Serna, 2014)

Remember that it remains critical that you remain calm at all times, even if your rights are being violated. Any aggressive or violent act on your part will substantiate their claims and will likely cause you to be arrested for assault or battery.

How a Criminal Defense Attorney Can Help You If You Were Unjustly Stopped by the Police in Arizona

If you were stopped by the police in the state of Arizona unjustly, or if you were frisked or even arrested as a result of the police failing to have either reasonable suspicion or probable cause, you have the right to understand all of your legal options. Any stop by the police in the state of Arizona must occur as a result of a reasonable, individually-witnessed suspicion based on actual facts that another reasonable person would agree with given the fact and circumstances. Learn more about your legal rights and how to pursue justice by contacting an experienced criminal defense attorney. You have legal rights under both the United States Constitution as well as Arizona law if the police stopped you without any reasonable suspicion to do so, or any probable cause.