[DOWNLOAD] "State V. Estrada" by New Mexico Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State V. Estrada
- Author : New Mexico Court of Appeals
- Release Date : January 19, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The question in this case is whether the fourth amendment to the United States Constitution was violated when defendant was referred to the secondary area and asked to exit his car while the dog sniff was performed. The question has two subparts. First, was the agent required to have a reasonable suspicion of wrongdoing before referring defendant to the secondary area? If so, did the agent have such reasonable suspicion in this case? We note defendant's alternative argument that even reasonable suspicion would not suffice, because probable cause is necessary for a detention such as this one. Because we hold there was no reasonable suspicion in this case, we need not decide that issue. We hold only that, once the original purpose of a lawful checkpoint stop has been satisfied, further detention of a vehicle or person must be based on at least reasonable suspicion.
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