Legal Opinion
State v. Funderburg
New Mexico Supreme Court
Decided April 15, 2008No. 30,180PublishedCited by 44 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} This appeal involves a police officer’s authority, after lawfully finding drugs or paraphernalia in the possession of a ear’s passenger, to detain and question the driver about the presence of other drugs in the car, and then ask for consent to search the car. A divided panel of the Court of Appeals held that the officer impermissibly expanded the scope of the stop because he lacked sufficient, individualized suspicion about the driver. State v. Funderburg, 2007-NMCA-021, ¶ 22, 141 N.M. 139, 151 P.3d 911, cert. granted, 2007-NMCERT-001, 141 N.M. 164, 152 P.3d 151.…
2Cases cited24 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Ornelas v. United StatesSupreme Court of the United States · 1996
- United States v. CortezSupreme Court of the United States · 1981
- Delaware v. ProuseSupreme Court of the United States · 1979
- New York v. BeltonSupreme Court of the United States · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. LeyvaNew Mexico Supreme Court · 2011
- State v. HubbleNew Mexico Supreme Court · 2009
- State v. SewellNew Mexico Supreme Court · 2009
- State v. PortilloNew Mexico Court of Appeals · 2011
- State v. HarrisonNew Mexico Supreme Court · 2010
39 more not listed; retrieve them via the Exa API.