Illegal Search and Seizure of Vehicles in New Mexico

 

HOW LONG IS A NEW MEXICO POLICE OFFICER ALLOWED TO STOP MY VEHICLE?

 

Assuming that the officer has a legitimate reason to stop your vehicle, the length of the stop is limited to the time that it takes to conduct a investigation regarding the basis for the stop, or a slight extension of time after the stop is complete.

Courts generally hold that a reasonable time to conduct a traffic stop includes the time necessary for the Officer to verify one’s driver’s license, insurance, registration, to complete any paperwork connected with the citation or a written warning, and to run a computer check for any outstanding arrest warrants for the driver or the passengers.

During this initial investigation the officer is allowed to ask additional questions, but Article II Secion 10 of the New Mexico Constitution provides broader protection than the Fourth Amendment and requires all questions to be reasonably related to the initial reason for the stop, unless the elements discussed below are present.

Courts have held that the Officer is allowed to extend the stop for a short period of time to ask additional questions that can be answered quickly – in one case 10 seconds to answer additional questions was ruled to be acceptable.  On the other hand, extending the detention for 12 minutes was deemed unreasonable in another case.

Always remember that the Officer is using your answers and observing your behavior to form the reasonable suspicion necessary to ask questions unrelated to the basis for the stop, prolonging the detention.  Your answers and behavior will be used against you – the Officer is not asking you the questions to see if there’s a love connection.

Also remember that even a minor traffic violation gives the Officer the right to place you under arrest and to check your front pockets, passenger compartment, and arguably anywhere in the interior of your vehicle – so keep any “valuable” items in a closed container in the trunk.  Moreover, you are throwing away your Constitutional rights by consenting to the Officer’s request to search your vehicle.

 

Illegal Search and Seizure of Vehicles in New Mexico — Basis for Stop Completed

 

Once the basis for the stop has been investigated the Officer is required to return your license and documentation, allowing you to leave the scene.  The officer must possess a reasonable suspicion for additional criminal activity, or concerns for the Officer’s safety in order to continue the detention beyond the time necessary to answer a few quick questions, such as: “Do you have any drugs, illegal items, or weapons in the vehicle?”  By answering yes to any of these questions you provide the Officer with the necessary reasonable suspicion to continue the detention, and also the basis for the probable cause for your arrest.

 

Reasonable Suspicion for Criminal Activity

 

In addition to asking questions similar to the ones above, the Officer will also observe your behavior to form the reasonable suspicion for criminal activity.  Courts have held that refusal to consent to a search is not considered in determining reasonable suspicion for criminal activity.  On the other hand, in one case the court allowed the continued detention based on the following factors: (1) the driver had a suspended license and could not produce proof of ownership or insurance, (2) the passengers were acting extremely nervous, (3) the driver and passengers made inconsistent statements about their destination.

The New Mexico Supreme Court has also held that the following non-verbal behavior presented the Officer with reasonable suspicion of additional criminal activity, or concerns for the Officer’s safety: (1) quick movements followed by a poor explanation for the movements, and nervous behavior in a high crime area; (2) movement’s consistent with hiding an object, giving rise to a reasonable safety concern; (3) bending over while making motions towards the bottom of one’s seat; (4) quick and nervous movements, or appearing to hide something under the passenger seat before stopping.

Behavior such as the elements above raise safety concerns and provide the Officers with the reasonable suspicion necessary to prolong the stop and ask questions relating to the unusual behavior.

Assuming that the circumstances do not suggest any danger to the Officer, or additional criminal activity at hand, then you are free to leave once the Officer has given you a ticket and/or returned your license and documentation. At this point any interaction with the Officer becomes consensual and the officer is free to continue asking questions – questions that can and will be used to develop the reasonable suspicion to extend the scope of the investigation, or for probable cause to place you under arrest.  Therefore, once you are free to leave . . . leave.

 

Matthew Legan Sanchez is a 4th Amendment lawyer in New Mexico that protects against illegal search and seizure of vehicles in New Mexico.