State v. Ochoa

OPINION

MAES, Justice.

{1} Defendant, Julian Ochoa, has appealed a district court decision denying his motion to suppress evidence discovered after Defendant was stopped for a seatbelt violation then arrested on outstanding warrants. Defendant argued to the district court that the stop was pretextual because the officer who reported the seatbelt violation wanted Defendant stopped so the officer could question Defendant in relation to a drug trafficking investigation. Defendant asserted that article II, section 10 of the New Mexico Constitution prohibits pretextual stops. The Court of Appeals…