Legal Updates

STATE v. KEENER
Ariz., 75 P.3d 119 (2003)

FACTS:

A police officer doing surveillance on a suspected drug house, observed Keener drive up in a car with a female passenger and enter the residence. Keener then exited the house and entered the front passenger seat while the female drove. The officer relayed this information to other officers in the area. The other officers saw the car speeding and initiated a traffic stop.

The female identified herself as the owner of the vehicle. Keener also provided identification and a MVD check showed him to be suspended. The officers arrested Keener for driving on a suspended driver’s license based on the surveillance officer’s information. A search of the vehicle incident to arrest produced rock cocaine in a tool bag belonging to Keener.

The trial judge ruled that the arrest was illegal because the arresting officers did not witness Keener driving. The trial judge believed that A.R.S. §13-3883(B) requires an officer observe a traffic offense before the officer can take enforcement action. The state appealed and the court of appeals overruled the trial judge.

RULING:

The court of appeals rules that while § 13-3883(B) states that an officer must observe a traffic offense before taking action, driving while suspended is a misdemeanor and is therefore governed by A.R.S. §13-3883(A)(4). This section allows officers to make an arrest on a misdemeanor not committed in their presence. The court stated that although §§13-3883(B) and 13-3883(A)(2) contradict §13-3883(A)(4), the latter section is the most recent amendment to that statute and therefore is controlling.

The court further restated the rule that the collective knowledge of the officers participating in an investigation can constitute probable cause for arrest. The court also reaffirmed that this applies to both misdemeanors and felonies.

COMMENT:

This statute is confusing and it is good that we now have a decision that clarifies this statute. Be mindful, however, that this decision probably means that an officer must observe a civil traffic violation, before he or she can take enforcement action for such an offense.

SOURCE: Chandler PD Legal Unit