Reasonable Suspicion and Transporting Methamphetamine for Sale in Arizona

The state of Arizona has a vested interest in attempting to minimize the sale of dangerous and illegal drugs to protect the safety of those who live in the state. As a result, the laws and penalties surrounding transporting dangerous drugs in the state of Arizona are extremely strict under A.R.S. § 13-3408. If you experienced an arrest and charge regarding transporting methamphetamine in Arizona, learn more about your legal rights below.

Understanding What Constitutes Suspicion of Sale

There is a threshold amount established by the state of Arizona regarding dangerous drugs, such as methamphetamine. When any law enforcement official discovers that the threshold amount of methamphetamine or other dangerous drugs on a person, they will be prosecuted under the law for violating Arizona’s drug sale and distribution laws. Many of those arrested and charged with transporting methamphetamine for sale in Arizona plead that the drugs were always intended only for personal use. However, this is not a recognized defense in the state of Arizona, and any person with methamphetamine over a certain amount will be considered inherently transporting the dangerous drug for the purposes of selling it and distributing it.

Threshold Limit for Methamphetamine in the State of Arizona

Under A.R.S. §13-3401.36, the state of Arizona has 9 grams of methamphetamine, including methamphetamine in liquid suspension as the threshold limit for which the state considers a person has enough to be transporting methamphetamine for sale. Again, it does not matter what the true intention of the person was, only that they had that amount in their possession.

Prosecution of Transporting Methamphetamine for Sale

The prosecution in the state of Arizona must prove the following in order to successfully convict a person for transporting methamphetamine for sale under A.R.S. § 13-3407:

• The person had above the threshold amount of the dangerous drug in their possession
• The substance was a dangerous narcotic drug

While the drug will need to be tested by a forensic scientist willing to testify to the fact that the substance tested is a dangerous drug, those prosecuted for transporting methamphetamine for sale in the state of Arizona often find it difficult to argue against the charges.

Reasonable Suspicion and Transporting Methamphetamine

While law enforcement may have a legal right to file a charge against someone who transports methamphetamine for sale under A.R.S. § 13-3407, they must have the legal right to stop them in the first place to make that discovery. In order to make that stop, law enforcement must have reasonable suspicion under the law to do so.

Standard of Proof

Reasonable suspicion is a standard of proof used in criminal law cases throughout the United States that indicates that law enforcement had a justifiable reason to make a stop and investigate the potential suspect. While absolute proof is not required, more than a feeling or guess is required. In most cases, a police officer must have the unbiased belief that a crime has been committed or is about to be committed. In the case of reasonable suspicion and the transportation of methamphetamine, the police officer must have a reasonable suspicion that the person has this dangerous drug on their person in order to stop a person or a vehicle. It is important to note that reasonable suspicion is a much lower legal standard than probable cause, which is required for a search warrant.

Reasonable Suspicion After a Stop

If a police officer stops a vehicle or a person for any infraction of the law (such as speeding, etc.) and has a reasonable suspicion that that person is carrying any amount of methamphetamine, they have the legal right to ask questions regarding their suspicions. If the stop is unlawful for any reason, a criminal defense attorney may have the ability to suppress any evidence of the discovery of methamphetamine from that stop. However, if they had any reason to stop the vehicle, and then have reasonable suspicion that methamphetamine exists in the vehicle or on a person, they have the right to pursue the investigation regarding the presence of those dangerous drugs.

Penalties for Transporting Methamphetamine for Sale in Arizona

The transportation of methamphetamine for sale requires that any person convicted of this crime will not be eligible for any suspended suspension of their sentence, probation, or parole. Any amount above the threshold amount of methamphetamine indicates that the person will also receive charges not only of possession of methamphetamine but also for drug trafficking and transportation. These additional charges carry with them additional penalties.

The penalties for transporting methamphetamine with intent to sell under A.R.S. § 13-3407 includes a mandatory prison sentence, with no possibility of early release, even with good behavior in prison. Typically a person charged with transporting methamphetamine for sale in Arizona will be charged with a class 4 felony and receive up to 3.75 years in prison. If the prosecutor can show that there was, in fact, an intent to sell the methamphetamine, the charge will be a class 2 felony with more time in prison. Persons found with an excess of 9 grams of methamphetamine can face up to 15 years in prison, and repeat offenders may face even more time.

Defenses Against Criminal Charges of Transportation of Methamphetamine for Sale in Arizona

There are still defenses a person can claim when charged with transportation of methamphetamine for sale in the state of Arizona. Some of the defenses may include the following:

• Suppression of evidence based on the fact that the original stop was not performed as a result of reasonable suspicion under the law
• The methamphetamine was obtained through an illegal search and seizure by a police officer (violation of the Fourth Amendment to the Constitution of the United States)
• Lack of knowledge regarding the possession of methamphetamine (the vehicle or area was owned or used by more than one person)
• Entrapment
• Lack of evidence of possession of the methamphetamine
• Lack of constructive possession of the methamphetamine
• Lack of intent to sell (if the quantity is less than the threshold limit in the state of Arizona)
• Possession of large quantities for purposes of personal use
• Violation of the Fifth Amendment to the Constitution of the United States (failure to allow the defendant the right to remain silent)
• Violation of the Sixth Amendment to the Constitution of the United States (right to counsel and Miranda violations)

How a Criminal Defense Attorney Can Help You If You Are Charged with Transporting Methamphetamine for Sale in Arizona

If you were stopped and law enforcement discovered methamphetamine above the threshold amounts in your vehicle or on your person, you may be facing serious charges and life-altering penalties. Prison time can prove to be substantial in these cases in the state of Arizona. If you were charged with transporting methamphetamine for sale in the state of Arizona, you may have many legitimate defenses of which you are unaware. 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. Consider visiting with a criminal defense attorney as soon as possible to learn more about your legal rights and how to ensure they remain protected.