I-40 profiling in Arizona is becoming more widespread. The legalization and decriminalization of marijuana in Washington, California, and Colorado have brought an influx of controlled substances right into the state of Arizona, as a result prompting law enforcement officers to begin unlawfully profiling on I-40. This is particularly true in the case of Colorado, where police force has been especially aiming at automobiles with Colorado license plates. Law enforcement agencies must have proper cause to pull you over, typically known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over simply because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-40 Profiling in Arizona Penalties
I-40 profiling in Arizona happens often. As opposed to other states, Arizona still has some serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can produce strict prison sentences and fines in a state or federal court. Many factors come in when setting the penalty for a marijuana or drug crime, including things like: what kinds of drugs did the accused have on his/her person at the moment of arrest (what “Schedule” the drug falls under); what the amount of the substance was; if this was the accused’s first conviction; whether minors were involved; etc.
I-40 Profiling in Arizona Defense
I-40 profiling in Arizona can be tricky to prove. Establishing a defense for profiling alone may be the incorrect strategy if drugs were located on your person. What is more critical is the likelihood of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-40.
If you are caught trafficking, then a lawyer could prove an absence of intent on your part, indicating you did not have the “guilty mind,” or criminal intent, required to carry out the offense. Lack of intent can result in a dismissal of the charges. One angle, highly significant to interstate drug crime, is a Fourth Amendment violation, or the claim that police either operated the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been disregarded by officers encroaching the defendant’s right to remain silent. But ultimately, it depends upon how the court will charge you and what penalties you will encounter before your lawyer can choose a winning tactic.
I-40 Profiling in Arizona Defense Attorney
Are you or a family member going up against a conviction for a drug crime because of I-40 profiling in Arizona? Such crimes are not taken lightly by the state or federal investigators and prosecutors, and should not be disregarded by you either.