Generally a reasonable suspicion must exist where the facts and circumstances would indicated to a reasonable person that criminal activity may have occurred or may be occurring and that the suspect has some connection with it. Now when reading that sentence aloud you will no less conclude that it is general, vague, and leaves a lot to be left up to the officer. Even the best DUI attorney would have to agree that this is a grey area that contains a lot of vague elements for an officer to use his or her judgment if some type of crime is occurring. Now, under the Fourth Amendment you will find that the cases frequently use "mere suspicion" as a standard to allow an officer to stop you. Mere suspicion actually has not been defined in precise terms by Arizona or federal courts. Mere suspicion refers to a situation where the police officer has a subjective belief that criminal activity may be occurring, but there are insufficient objective facts to support that belief.In this case, it allows an officer who only has a mere suspicion or a mere hunch, without more evidence, is not barred from requesting a person to voluntarily stop and answer questions - provided that an officer does not compel the person to stop, assert his or her authority, or use force to detain a person. As you can see, just determining if an officer had a mere suspicion or probable cause to speak with you may determine the outcome of your case. Here is where a Phoenix DUI Attorney can help like the lawyers at our firm. We know the law and can help to educate you while handling your case.To determine if you have been arrested, under the Fourth Amendment a person is considered under arrest when the person's freedom of movement is restricted by a police officer. This does not take into consideration the intent of the officer, but rather it is determined that if under the facts and circumstances a reasonable person would believe he or she is not free to leave. Courts generally look at the restraint of movement as an indicator of whether or not an arrest occurred. Under case law, the restraint of movement would be considered a technical arrest at the least, but may not be considered a full arrest if only followed by the issuance of a ticket and you are released to leave.
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