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NM: Pretextual stops invalid under NM Constitution, rejecting Whren

By John Wesley Hall, Jr.

New Mexico rejects Whren under the State Constitution and decides that the officer's subjective intent for a stop may be inquired into by the defense to prevent abuse. State v. Ochoa, 2009 NMCA 2, 2008 N.M. App. LEXIS 149 (November 3, 2008), released for publication January 13, 2009, certiorari granted, No. 31,430, December 30, 2008: [*31] Third, the State argues that New Mexico's historical treatment of pretext claims does not justify our departure from Whren. The State refers us to cases in which we have rejected pretextual traffic stop claims where there was an objectively valid basis for the stop. See State v. Pallor, 1996 NMCA 83, PP 14-15, 122 N.M. 232, 923 P.2d 599; State v. Benjamin C., 109 N.M. 67, 69, 781 P.2d 795, 797 (Ct. App. 1989); Mann, 103 N...continue to full post

Full post as published by Fourth Amendment on February 17, 2009 (boomark / email).