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STATE v. YAZZIE

No. 32,476.

336 P.3d 984 (2014)

2014-NMCA-108

STATE of New Mexico, Plaintiff-Appellee, v. Joann YAZZIE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, October 24, 2014, No. 34,866.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Corinna Laszlo-Henry , Assistant Attorney General, Santa Fe, NM, for Appellee.

The Law Offices of the Public Defender, Jorge A. Alvarado , Chief Public Defender, B. Douglas Wood III , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

KENNEDY, Chief Judge.

{1} Under the United States and New Mexico Constitutions, a police officer, before executing a traffic stop, must be aware of individualized, particularized, and articulable facts that support a belief that a violation is occurring in his presence. If the only facts are that the officer runs a license plate check to ascertain whether a vehicle is insured and the computer indicates no more than that the insurance...

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