State v. Herrera
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} The State appeals the district court finding that Investigator Bill Hubbard needed reasonable suspicion to justify checking Defendant Daniel B. Herrera’s license plate and that because he did not have reasonable suspicion, the evidence obtained after the license plate check was “fruit of the poisonous tree” and therefore inadmissible. We clarify that an individual has no reasonable expectation of privacy in his license plate number or vehicle identification number (VIN) and hold that Investigator Hubbard’s license plate check on Defendant’s vehicle was not a search…
2Cases cited6 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- New York v. ClassSupreme Court of the United States · 1986
- State v. ReynoldsNew Mexico Supreme Court · 1995
- United States v. Charles Thomas WalravenCourt of Appeals for the Tenth Circuit · 1989
- United States v. Diaz-CastanedaCourt of Appeals for the Ninth Circuit · 2007
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3Cited by2 opinions
- State v. NanceNew Mexico Court of Appeals · 2011
- State v. HarrisonNew Mexico Court of Appeals · 2010