State v. Harris

OPINION

APODACA, Judge.

After a consolidated jury trial, Defendants appeal their convictions for conspiracy and attempt to commit a felony, fraud. The issue before us is whether the evidence of the out-of-court identification and in-court identifications of Defendants, as well as the evidence of Defendants’ association, were the tainted result of an illegal stop and therefore inadmissible at trial. Because we hold that the trial court incorrectly applied the “probable cause” standard in determining the stop was illegal, we remand for a redetermination of whether the police officers’ stop of…