Legal Opinion

State v. Duran

New Mexico Supreme Court

Decided August 31, 2005No. 28,241PublishedCited by 75 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} This case requires us to determine whether a police officer’s questioning of a stopped motorist about her travel plans exceeded the permissible scope of a search or seizure under the Fourth Amendment. We find that the questions the police officer asked the driver of the stopped car were permissible because they were reasonably related to the purpose of the stop. Because the questions were permissible, the answers to them can be considered in determining if, under the totality of the circumstances, the officer had reasonable suspicion to expand the scope of the search…

2Cases cited39 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. Florida v. BostickSupreme Court of the United States · 1991
  5. Pennsylvania v. MimmsSupreme Court of the United States · 1977

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

3Cited by75 opinions

  1. State v. LeyvaNew Mexico Supreme Court · 2011
  2. State v. HubbleNew Mexico Supreme Court · 2009
  3. State v. JenkinsSupreme Court of Connecticut · 2010
  4. State v. FunderburgNew Mexico Supreme Court · 2008
  5. State v. KetelsonNew Mexico Supreme Court · 2011

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

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