Legal Opinion

State v. Dang

New Mexico Court of Appeals

Decided June 4, 2004No. 22,982PublishedCited by 6 opinions

1Opinion of the Court

OPINION

KENNEDY, J.

{1} Police officers may not extend the scope of a traffic stop beyond the reasonable and articulable basis for the initial detention unless there arises a separate reasonable and articulable suspicion of criminal activity. If this happens, separate articulable facts must be present, leading to a reasonable suspicion of additional criminal activity. Further investigation of newly occurring suspicions must in turn be reasonably limited to the articulable facts at hand. If the scope of investigation is not reasonably limited by the articulable facts known to the investigating…

2Cases cited21 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. SharpeSupreme Court of the United States · 1985
  4. State v. HodgeNew Mexico Supreme Court · 1994
  5. State v. VandenbergNew Mexico Supreme Court · 2003

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3Cited by6 opinions

  1. State v. FunderburgNew Mexico Supreme Court · 2008
  2. State v. Van DangNew Mexico Supreme Court · 2005
  3. State v. PortilloNew Mexico Court of Appeals · 2011
  4. State Of Washington, V. Michael MillerCourt of Appeals of Washington · 2021
  5. State of Washington v. Kenneth Leroy StephensCourt of Appeals of Washington · 2020

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