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STATE v. OCHOA

No. 24,720.

206 P.3d 143 (2008)

2009-NMCA-002

STATE of New Mexico, Plaintiff-Appellee, v. Julian OCHOA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,430, December 30, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Nina Lalevic, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

VIGIL, Judge.

{1} If a police officer cannot, consistent with the constitution, obtain information he wants from a citizen (such as his identification), does the New Mexico Constitution permit him to use what is otherwise a constitutionally valid traffic stop as a pretextual subterfuge to obtain that information? The New Mexico Supreme Court has directed us to answer that question for the first time in this case. State v. Ochoa,<...

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