Legal Opinion

State v. Portillo

New Mexico Court of Appeals

Decided April 1, 2011No. 29,564; Docket 33,044PublishedCited by 15 opinions

1Opinion of the Court

OPINION

FRY, Judge.

{1} Defendant challenges the denial of his motion to suppress. We conclude that Defendant, a passenger in a vehicle subjected to a valid traffic stop, was illegally detained when the stop was extended by the officer’s questions, which were unrelated to the reason for the stop and unsupported by independent reasonable suspicion. Because the evidence sought to be suppressed was the fruit of that illegal detention, we reverse the district court’s order denying suppression.

STANDARD OF REVIEW

{2} “In reviewing a trial court’s denial of a motion to suppress, we observe the…

2Cases cited23 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. State v. Jason L.New Mexico Supreme Court · 2000
  3. State v. LeyvaNew Mexico Supreme Court · 2011
  4. State v. UriosteNew Mexico Supreme Court · 2002
  5. State v. VandenbergNew Mexico Supreme Court · 2003

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

3Cited by15 opinions

  1. State v. MurryNew Mexico Court of Appeals · 2013
  2. State v. BellNew Mexico Court of Appeals · 2014
  3. State v. TapiaNew Mexico Supreme Court · 2018
  4. State v. TapiaNew Mexico Supreme Court · 2018
  5. State v. DavisNew Mexico Court of Appeals · 2014

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

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