State v. Anaya

OPINION

CASTILLO, Judge.

{1} In this case, we consider whether an officer legally stopped a driver who made a proper U-turn within sight of a DWI checkpoint. We conclude that the pertinent directive of the checkpoint plan was invalid and that the plan could therefore not substitute for reasonable suspicion. Further, we determine that the officer did not develop reasonable suspicion based on his independent observations. We thus reverse Defendant’s convictions.

I. BACKGROUND

{2} On November 20, 2005, the San Juan County Sheriffs Department set up a DWI checkpoint, which was to run from ten in the…