STATE v. HERRERA

No. 27,733.

224 P.3d 668 (2009)

2010-NMCA-006

STATE of New Mexico, Plaintiff-Appellant, v. Daniel B. HERRERA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, December 11, 2009, No. 32,057.


Attorney(s) appearing for the Case

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

Hugh W. Dangler, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellee.


OPINION

WECHSLER, Judge.

{1} The State appeals the district court finding that Investigator Bill Hubbard needed reasonable suspicion to justify checking Defendant Daniel B. Herrera's license plate and that because he did not have reasonable suspicion, the evidence obtained after the license plate check was "fruit of the poisonous tree" and therefore inadmissible. We clarify that an individual has no reasonable expectation of privacy in his license plate...

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