[Download] "State V. Duran" by In the Supreme Court of the State of New Mexico * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Duran
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 31, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
¶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 or seizure beyond the initial justification for the stop. We hold that the officer did have reasonable suspicion to expand the scope of his search or seizure. Thus, the motorist's subsequent consent to allow the officer to search her car was not tainted by a prior illegal search or seizure. In so holding, we affirm the trial court's denial of Defendant's Motion to Suppress and reverse the Court of Appeals.
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