State v. Aguilar

2007 NMCA 040, 155 P.3d 769, 141 N.M. 364
CourtNew Mexico Court of Appeals
DecidedJanuary 25, 2007
Docket26,087
StatusPublished
Cited by17 cases

This text of 2007 NMCA 040 (State v. Aguilar) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Aguilar, 2007 NMCA 040, 155 P.3d 769, 141 N.M. 364 (N.M. Ct. App. 2007).

Opinion

OPINION

CASTILLO, Judge.

{1} In this case, we determine whether an officer, based on his observation that Defendant’s vehicle had a dealer’s temporary demonstration plate and was traveling at 2 a.m., had reasonable suspicion to stop the vehicle. After our review of the record, we conclude that the officer did not have the requisite individualized and particularized suspicion to justify the stop of Defendant’s vehicle. We therefore reverse the district court’s judgment affirming the metropolitan (metro) court’s denial of Defendant’s motion to suppress. We remand to the metro court with instructions to vacate the judgment and sentence.

I. BACKGROUND

{2} The facts are undisputed and are based on the officer’s testimony as follows. While the officer was on patrol at approximately 2 a.m., he noticed Defendant’s moving vehicle because the vehicle did not appear to have a license plate. As the officer neared the vehicle, he saw a temporary dealer tag in the right rear window. The temporary tag was a paper dealer tag and not a drive-out tag for a newly purchased vehicle. The officer could not read the tag, but it appeared valid on its face. In the experience of the state police, a lot of temporary dealer tags are stolen and misused. The officer thought the possibility that a person would be demonstrating a vehicle at 2 a.m. was unreasonable; thus, the officer suspected that Defendant was misusing the temporary dealer tag. The officer stopped Defendant’s vehicle, asked Defendant to produce a driver’s license, and asked him why he was driving the vehicle. Prior to making the stop, the officer did not notice anything else unusual; he had no other reason for the stop.

{3} The officer further testified to the following. State police patrolmen are ex officio agents of the State Taxation and Revenue Department (TRD), which regulates the use of dealer tags. The statutes give officers, as agents of TRD, the authority to investigate the use of a temporary dealer plate at any time of day in order to make sure that the vehicle is in the dealer’s inventory. Thus, the officer routinely stops vehicles with dealer tags at any time of the day in order to determine whether the tags are being properly used. A driver must be engaged in a proper use of the vehicle to avoid getting cited for a violation of the statute. In our case, the officer stopped the vehicle to determine whether use of the tag was proper, instead of calling the dealer, because the dealership was closed at 2 a.m. Upon further questioning by defense counsel, the officer also testified that he believed the tag was not properly displayed because the tag, which should have been attached to the rear of the vehicle, was displayed on the rear window.

{4} After the officer’s testimony, Defendant moved to suppress any testimony regarding the officer’s investigation of Defendant after the stop, on the ground that the officer lacked reasonable suspicion for the stop. The metro court denied Defendant’s motion. The court relied on these specific facts articulated by the officer: the officer observed Defendant’s vehicle traveling with temporary dealer tags at 2 a.m.; in the course of the officer’s duties as an agent of TRD, he routinely stops vehicles with these tags in order to investigate; and the officer knew of the state police department’s experience with the misuse of temporary dealer tags. Defendant then pleaded guilty to a first offense of driving while intoxicated (DWI) and reserved his right to appeal the denial of his motion to suppress.

{5} Defendant appealed to the district court, pursuant to Rule 7-703(A) NMRA. In a written memorandum opinion, the district court affirmed the metro court’s sentencing order, which was entered after the denial of Defendant’s motion. See generally NMSA 1978, § 34-8A-6(C) (1993) (providing that the metro court is the court of record for criminal DWI cases); Rule 7-703(J) (observing that appeals involving DWI are exceptions to de novo appeals from the metro court to the district court). The district court ruled that the following facts, as established by the officer’s testimony, were sufficient to give rise to a reasonable suspicion that the tag was being misused: (1) the vehicle was traveling at 2 a.m. with a temporary dealer tag; (2) the tag was the type used for demonstrating a vehicle, pursuant to NMSA 1978, § 66-3-6(F) (1998); (3) a tag issued pursuant to Section 66-3-6 (F) is not for use on a vehicle loaned to a customer for the customer’s convenience; and (4) the dealership, under whose name the tag was issued, was closed. Defendant now appeals the district court’s judgment.

II. STANDARD OF REVIEW

{6} On appellate review of the metro court’s denial of a motion to suppress, we must determine whether the law was correctly applied to the facts. See State v. Eli L., 1997-NMCA-109, ¶ 6, 124 N.M. 205, 947 P.2d 162. We give deference to the metro court’s determination of facts, together with all reasonable inferences arising from those facts, and view them in the light most favorable to the prevailing party. See State v. Lopez, 2005-NMSC-018, ¶ 9, 138 N.M. 9, 116 P.3d 80. “The ultimate determination of reasonable suspicion ... [,] however, is reviewed de novo.” Eli L., 1997-NMCA-109, ¶ 6, 124 N.M. 205, 947 P.2d 162 (emphasis, internal quotation marks, and citation omitted). We review all legal issues de novo. See State v. Krause, 1998-NMCA-013, ¶¶ 3-4, 124 N.M. 415, 951 P.2d 1076.

III. DISCUSSION

{7} The State asserts that the officer testified to specific, articulable facts constituting reasonable suspicion. The officer testified that he stopped the vehicle because, in his experience, temporary dealer tags were often stolen or misused and because Defendant’s vehicle was traveling with a temporary dealer tag at 2 a.m., a time at which dealerships are not open. From these facts, the State asserts that the officer could reasonably suspect that Defendant was misusing the temporary dealer tag. We disagree.

{8} An individual’s right to be free from unreasonable searches and seizures is protected by the Fourth Amendment to the United States Constitution. State v. Patterson, 2006-NMCA-037, ¶ 14, 139 N.M. 322, 131 P.3d 1286. “The Fourth Amendment is violated when an officer detains an individual with no more than a generalized suspicion, or unarticulated hunch or suspicion, because the government’s interest in crime prevention will not outweigh the intrusion into the individual’s privacy.” Id. ¶ 16. Generalized suspicion or an unparticularized hunch that an individual is committing a crime is not enough to justify stopping a vehicle. State v. Prince, 2004-NMCA-127, ¶ 9, 136 N.M. 521, 101 P.3d 332. “A ... traffic stop must be justified at its inception},]” State v. Ochoa, 2006-NMCA-131, ¶ 6, 140 N.M. 573, 144 P.3d 132 (emphasis, internal quotation marks, and citations omitted), cert. granted, 2006-NMCERT-010, 140 N.M. 675, 146 P.3d 810, and such a stop is justified when an officer has reasonable suspicion that a traffic law has been violated. Prince, 2004-NMCA-127, ¶ 9, 136 N.M. 521, 101 P.3d 332.

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Bluebook (online)
2007 NMCA 040, 155 P.3d 769, 141 N.M. 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aguilar-nmctapp-2007.