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STATE v. PORTILLO

No. 29,564.

258 P.3d 466 (2011)

2011-NMCA-079

STATE of New Mexico, Plaintiff-Appellee, v. Arturo PORTILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, June 28, 2011, Docket No. 33,044.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Joel Jacobsen , Assistant Attorney General, Santa Fe, NM, for Appellee.

Law Works L.L.C., John A. McCall , Albuquerque, NM, for Appellant.

OPINION

FRY, Judge.

{1} Defendant challenges the denial of his motion to suppress. We conclude that Defendant, a passenger in a vehicle subjected to a valid traffic stop, was illegally detained when the stop was extended by the officer's questions, which were unrelated to the reason for the stop and unsupported by independent reasonable suspicion. Because the evidence sought to be suppressed was the fruit of that illegal detention, we reverse...

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