STATE v. DURAN

No. 28,241.

120 P.3d 836 (2005)

138 N.M. 414

2005-NMSC-034

STATE of New Mexico, Plaintiff-Petitioner, v. Jaclyn DURAN, Defendant-Respondent.

Supreme Court of New Mexico.

August 31, 2005.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Patricia A. Gandert, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Lilley Law Offices, Michael W. Lilley, Lawrence W. Allred, Las Cruces, NM, for Respondent.


OPINION

MAES, Justice.

{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...

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