STATE v. VANDENBERG

No. 27509, 27510.

81 P.3d 19 (2003)

134 N.M. 566

2003-NMSC-030

STATE of New Mexico, Plaintiff-Petitioner, v. Shawn VANDENBERG, Defendant-Respondent. State of New Mexico, Plaintiff-Petitioner, v. Jason Swanson, Defendant-Respondent.

Supreme Court of New Mexico.

October 1, 2003.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General Arthur W. Pepin, Assistant Attorney General Santa Fe, for Petitioner.

John Bigelow, Chief Public Defender Vicki W. Zelle, Assistant Appellate Defender Santa Fe, for Respondents.


OPINION

BOSSON, Justice.

{1} In this opinion, we trace the outer boundary of facts and circumstances sufficient to justify a protective frisk (pat down) for weapons during an ordinary traffic stop on the ground of officer safety pursuant to the Fourth Amendment to the United States Constitution. We hold that a weapons frisk was reasonable under the circumstances of this case. The Court of Appeals having decided differently, we now reverse and affirm...

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