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STATE v. ANAYA

No. 27,114.

185 P.3d 1096 (2008)

2008-NMCA-077

STATE of New Mexico, Plaintiff-Appellee, v. Nicole ANAYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted May 30, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM for Appellee.

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

Certiorari Granted, No. 31,106, May 30, 2008.

OPINION

CASTILLO, Judge.

{1} In this case, we consider whether an officer legally stopped a driver who made a proper U-turn within sight of a DWI checkpoint. We conclude that the pertinent directive of the checkpoint plan was invalid and that the plan could therefore not substitute for reasonable suspicion. Further, we determine that the officer did not develop reasonable suspicion based...

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