- Associated Press - Friday, February 13, 2015

PHOENIX (AP) - The Arizona Supreme Court has agreed to decide whether a deputy sheriff’s glimpse of a driver’s brief flurry of arm movements toward a passenger was enough to stop the vehicle, resulting in the driver’s arrest on aggravated DUI and drug charges.

The state Court of Appeals in 2014 upheld Dale Lee Evans’ convictions that stemmed from the 2004 stop by two Cochise County sheriff’s deputies.

Evans contended one deputy’s limited observations of Evans’ arm movements didn’t provide a legal basis to pull him over.

However, the Court of Appeals said the stop was justified because the deputy had a reasonable suspicion of domestic violence or other criminal activity based on his observations.

The Supreme Court said it will schedule a hearing for arguments on the case.

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