Sovereign Citizen Learns Arizona Has Different Rules — Best Of Deputy Frank Sloup
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Quick Read
Summary
Takeaways
- ❖Deputy Sloup prioritizes a rifle for high-risk stolen vehicle stops due to unknown threats.
- ❖The 'grappler' device is an immobilization net deployed from a patrol vehicle to stop fleeing cars by wrapping around a rear tire and axle.
- ❖High-risk or felony stops in Arizona involve a 'fan' formation, with one officer giving commands and others providing cover.
- ❖Arizona's legal presumptive BAC for impairment is 0.08, but impairment can be considered between 0.05 and 0.08 depending on the individual.
- ❖Plea deals for reckless driving are common in Arizona for DUI cases, often avoiding a DUI conviction.
- ❖Driving more than 20 mph over the speed limit in Arizona is a criminal offense requiring a court appearance.
- ❖Arizona law no longer mandates towing a vehicle for a suspended license, making it a discretionary decision for officers.
- ❖A picture of a driver's license on a phone does not meet Arizona's legal requirement to carry a physical license.
- ❖Displaying a fictitious registration tab (e.g., from another vehicle) is a criminal offense in Arizona, with the plate becoming evidence.
- ❖In Arizona, if an officer asks about a gun in the car, you must disclose it; failure to do so can lead to arrest and seizure of the weapon.
- ❖For self-defense, hollow-point ammunition is recommended over ball ammo, as it is designed for incapacitation.
Insights
1High-Risk Stolen Vehicle Apprehension Protocol
Deputy Sloup details the procedure for a high-risk stolen vehicle stop, emphasizing the immediate deployment of a rifle due to the unknown nature of occupants in stolen cars. The Arizona Department of Public Safety (DPS) uses unmarked cars to track stolen vehicles and deploys a 'grappler' device, a net that immobilizes the suspect vehicle's rear wheel. Once stopped, officers execute a 'fan' formation, with one officer giving commands while others provide cover. This coordinated approach ensures safety and efficient apprehension, with roles clearly defined by state-mandated training.
Deputy Sloup explains having his rifle out immediately (), the function of the grappler (), and the 'fan' formation for high-risk stops ().
2Arizona DUI Law and Plea Bargains
Arizona's legal presumptive blood alcohol concentration (BAC) for impairment is 0.08. However, impairment can be assessed on a case-by-case basis between 0.05 and 0.08. Deputy Sloup clarifies that many DUI cases in Pinal County result in plea deals for reckless driving, rather than outright dismissals, to manage court caseloads. This means a driver might avoid a DUI conviction but still plead guilty to a serious traffic offense.
Sloup corrects a driver's BAC claim, explaining 0.09 BAC would be fatal () and clarifies Arizona's legal presumptive level for impairment at 0.08 (). He notes that a 0.09 BAC would lead to a reckless driving plea deal ().
3Evolving Towing Policy for Suspended Licenses
Arizona law previously mandated towing vehicles if the driver had a suspended license. However, state legislature removed this mandate, making towing discretionary. Deputy Sloup explains that towing a vehicle for a suspended license is often inefficient, taking an officer off the road for an extended period, and the vehicle can typically be recovered quickly without a hold. This change impacts how officers handle such stops, often opting to cite the driver and allow a licensed passenger to drive the vehicle.
Sloup discusses the past law requiring towing for suspended licenses and its removal by state legislature, stating it's now a waste of time as there's no hold on the vehicle ().
4Fictitious Registration as a Criminal Offense
In Arizona, knowingly displaying a fictitious registration plate or tab is a criminal offense. This includes taking a valid registration tab from one vehicle (like a motorcycle) and placing it on another (like a truck) to falsely appear current. The entire plate, not just the tab, becomes evidence in such a criminal case. This highlights the importance of correct and current vehicle registration.
Sloup explains that a 2024 tab on a plate expired in 2023 indicates fictitious registration () and that knowingly displaying a fictitious plate is a criminal offense (). He impounded the entire plate as evidence ().
5Firearm Disclosure During Traffic Stops in Arizona
Arizona is a 'gun-carrying state' with strong Second Amendment protections. However, if a law enforcement officer asks a driver about a firearm in the vehicle during a traffic stop, the driver is legally obligated to disclose it. Failure to do so, especially if the officer already sees the weapon, can lead to arrest and seizure of the firearm. The best practice is to keep hands visible and inform the officer before reaching for anything, especially if a gun is stored in the same area as documents.
Sloup explains that in Arizona, if an officer asks about a gun, you must tell them (). He describes seeing a gun and asking, noting that a 'no' answer would lead to arrest and seizure (). He advises letting the officer dictate the interaction ().
Bottom Line
The removal of mandatory towing for suspended licenses in Arizona, while seemingly lenient, reflects a pragmatic shift in law enforcement resource allocation, prioritizing officer presence on patrol over time-consuming towing procedures for offenses with limited long-term impact.
This policy change means drivers with suspended licenses might avoid immediate vehicle impoundment, but it also indicates a strategic decision by the state to optimize police time, suggesting a focus on more severe or immediate threats.
For policy makers, this highlights the need to continually evaluate the effectiveness and resource drain of specific enforcement mandates. For citizens, it underscores that while a vehicle might not be towed, the underlying legal issues (suspended license, criminal speed) remain serious and will be addressed.
The use of 'ball ammo' for self-defense, as observed in one stop, indicates a significant lack of understanding among some gun owners regarding effective self-defense ammunition.
Carrying range-specific ammunition for self-defense significantly reduces the effectiveness of a firearm in a critical incident, potentially failing to incapacitate a threat and increasing collateral damage.
There's a clear need for better education on firearm and ammunition choices for self-defense, potentially through community outreach programs, certified training courses, or even point-of-sale information at gun retailers, to ensure responsible and effective gun ownership.
Lessons
- Always carry your physical driver's license; a picture on your phone is not legally sufficient in Arizona.
- If stopped by law enforcement in Arizona and carrying a firearm, immediately inform the officer if asked, keeping your hands visible and following their instructions.
- Understand that exceeding the speed limit by more than 20 mph in Arizona is a criminal offense, not just a civil infraction, and will require a court appearance.
Responding to a Traffic Stop with a Firearm in Arizona
Keep your hands visible on the steering wheel.
If the officer asks if you have a gun, state clearly and calmly that you do, and where it is located (e.g., 'Yes, officer, I have a firearm in the center console').
Do not reach for the firearm or your documents until the officer provides clear instructions.
Follow all instructions precisely, allowing the officer to dictate the interaction and retrieve the firearm if they deem it necessary.
Notable Moments
A driver attempts to use a 'sovereign citizen' defense, claiming a US Supreme Court ruling negates the need for a driver's license.
This interaction highlights a common, yet legally unfounded, challenge to traffic laws, demonstrating how officers must navigate such claims while upholding state-specific regulations. Deputy Sloup calmly advises the driver to present this argument to a judge, underscoring that Arizona law requires a license.
A bizarre family altercation results in a car stopped in the middle of the road with a broken ignition key, involving two arguing sisters and their Halloween-costumed parents.
This unscripted incident showcases the unpredictable and often absurd situations law enforcement officers encounter, requiring them to act as mediators and problem-solvers beyond typical traffic enforcement. It also humorously illustrates the challenges of family dynamics under stress.
Quotes
"You have no idea what happens with a with a stolen vehicle. You don't know what what you're coming into."
"In the state of Arizona, the legal presumptive level for impairment is 08."
"Stealing cars is really a bad idea. Um, and it is the uh industry standard to pull everyone out at gunpoint."
"It's a privilege. It's not a right. You don't have a right to drive. It's a privilege. Well, you haven't earned that privilege."
"In the state of Arizona, if you have a gun in the car and a law enforcement officer during a contact with you says, 'Hey, do you have a gun in the car?' you have to tell that officer."
"If you're carrying a gun for for self-defense, for home defense, um, get hollow points. They they are a round that is meant to deal with with flesh."
Q&A
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