Legal Opinion

State v. Vandenberg

New Mexico Supreme Court

Decided October 1, 2003No. 27509, 27510PublishedCited by 94 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} In this opinion, we trace the outer boundary of facts and circumstances sufficient to justify a protective frisk (pat down) for weapons during an ordinary traffic stop on the ground of officer safety pursuant to the Fourth Amendment to the United States Constitution. We hold that a weapons frisk was reasonable under the circumstances of this case. The Court of Appeals having decided differently, we now reverse and affirm the convictions below.

BACKGROUND

{2} Jason Swanson and Shawn Vandenberg (Defendants) were indicted on charges of possession of marijuana with intent…

2Cases cited44 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. Florida v. BostickSupreme Court of the United States · 1991
  4. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  5. United States v. ArvizuSupreme Court of the United States · 2002

39 more not listed; retrieve them via the Exa API.

3Cited by94 opinions

  1. State v. LeyvaNew Mexico Supreme Court · 2011
  2. State v. GarciaNew Mexico Supreme Court · 2005
  3. State v. RyonNew Mexico Supreme Court · 2005
  4. State v. RowellNew Mexico Supreme Court · 2008
  5. State v. DuranNew Mexico Supreme Court · 2005

89 more not listed; retrieve them via the Exa API.

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