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NM: Nervousness alone is not reasonable suspicion

By John Wesley Hall, Jr.

Nervousness is not enough to extend a traffic stop because it is not reasonable suspicion. State v. Sewell, 2008 NMCA 26, 2008 N.M. App. LEXIS 1 (January 10, 2008), certiorari granted, No. 30,897, February 19, 2008: [*30] We also have to consider the government's justification when considering whether the detention was unreasonable. Robbs, 2006 NMCA 61, AP 21. In doing so, we note that we agree with Justice Marshall's concurring opinion in Sharpe. Regardless how efficient it may be for law enforcement officials to engage in prolonged questioning to investigate a crime, or how reasonable in light of law enforcement objectives it may be to detain a suspect until various inquiries can be made and answered, a seizure that in duration, scope, or means goes beyond the bounds of Terry cannot be reconciled with the Fourth Amendment in the absence of probable cause...continue to full post

Full post as published by Fourth Amendment on March 02, 2008 (boomark / email).