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STATE v. FUNDERBURG

No. 30,180.

183 P.3d 922 (2008)

2008-NMSC-026

STATE of New Mexico, Plaintiff-Petitioner, v. William FUNDERBURG, Defendant-Respondent.

Supreme Court of New Mexico.

April 15, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, James W. Grayson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons, Albuquerque, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} This appeal involves a police officer's authority, after lawfully finding drugs or paraphernalia in the possession of a car's passenger, to detain and question the driver about the presence of other drugs in the car, and then ask for consent to search the car. A divided panel of the Court of Appeals held that the officer impermissibly expanded the scope of the stop because he lacked sufficient, individualized suspicion...

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