STATE v. LACKEY

No. 24,355.

110 P.3d 512 (2005)

137 N.M. 296

2005-NMCA-038

STATE of New Mexico, Plaintiff-Appellee, v. Hugh LACKEY, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted April 4, 2005.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

Richard A. Hawthorne, Richard A. Hawthorne, P.A., Ruidoso, NM, for Appellant.


Certiorari Granted, No. 29,110, April 4, 2005.

OPINION

VIGIL, Judge.

{1} Defendant contends there was no reasonable suspicion to stop the vehicle in which he was a passenger. We agree. Therefore, we reverse the district court's denial of his motion to suppress.

FACTS

{2} On June 5, 2002, Officer Laurence Kauz of the New Mexico State Police was dispatched to investigate a one-vehicle accident on Cedar Creek Drive near the...

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