State v. Flores

920 P.2d 1038, 122 N.M. 84
CourtNew Mexico Court of Appeals
DecidedMay 1, 1996
Docket16371
StatusPublished
Cited by129 cases

This text of 920 P.2d 1038 (State v. Flores) 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. Flores, 920 P.2d 1038, 122 N.M. 84 (N.M. Ct. App. 1996).

Opinion

OPINION

BOSSON, Judge.

1. This case explores three issues of current interest in our search and seizure jurisprudence. The first concerns an anonymous tip and the degree of corroboration that is necessary to justify an investigatory stop based on reasonable suspicion. The second involves consent to a vehicle search and the limits imposed on expanding the search beyond reasonable boundaries of time, place, and duration. The third issue, and the most probative for this case, explores the evidentiary consequences when a valid investigatory detention continues unreasonably and becomes a de facto arrest without probable cause. Because we determine in this case that the continuing detention of Defendant was a de facto arrest without probable cause and without consent, we hold that the resulting evidence should have been suppressed. We reverse and remand.

BACKGROUND

2. On May 16, 1994, at approximately 4:20 p.m., the sheriffs office in Van Horn, Texas, called Lieutenant Guy Chavarria of the Artesia Police Department about a tip that the Texas sheriff’s deputy had received from a local confidential informant. According to the tip, within the past hour to an hour and a half, three vehicles had left Van Horn together on their way to Artesia carrying 200 to 250 pounds of marijuana, possibly in the tires of one of the vehicles. The informant described the vehicles as a white car with a blue vinyl top, a purple or blue pickup truck with a camper shell, and a brown or maroon pickup truck with chrome wheels.

3. Lt. Chavarria alerted his fellow officers. He and Detective Randy Pitts drove south in an unmarked police car on Route 285, the most direct route between Artesia and Van Horn. They spotted two vehicles fitting the description in the tip, a white car and a maroon pickup truck, heading north. After the vehicles turned into Artesia, the officers called for marked patrol cars to assist them. The vehicles were stopped at Seventh Street and J.J. Clarke Drive in Artesia. About ten minutes later, Defendant drove by in a blue pickup truck matching the description of the third vehicle in the tip. When Defendant turned around to approach the scene, police stopped his truck with weapons drawn. Defendant got out of his truck and was handcuffed. He was told that the police suspected him of carrying marijuana, and he was asked to consent to a search of the truck. Defendant agreed and signed a consent form which described the search as a 1992 GMC pickup truck and indicated the location as the north alley of J.J. Clarke and Seventh Street. Defendant was asked if he had any weapons and he responded candidly that he had a 9mm pistol in the camper shell. Detective Pitts looked in the back window of the camper shell and saw the gun but left it there because he considered it secured. The police searched all three vehicles but found no marijuana. A narcotics dog failed to alert to the presence of any drugs.

4. After about an hour at the roadside search, the police then took the three vehicles and their drivers to a city warehouse where they undertook a more comprehensive search that even included removing the tires. A narcotics dog again sniffed the vehicles and tires with the same result. No drugs were found. At some point toward the end of the warehouse search, after Defendant had been in custody for several hours, Detective Pitts decided to check Defendant’s gun through the National Crime Information Center (NCIC) database whereupon he learned that the gun had been reported stolen. The police then formally arrested Defendant and read him his Miranda rights. Defendant signed an “Advice of Rights” form at 7:47 p.m. and told police that he had purchased the gun for $150 from a man who had come by his place of work.

5. Defendant filed a motion to suppress the gun and the incriminating NCIC information. The trial court determined that the initial stop was lawful and that Defendant’s consent to search at the roadside was voluntary and uncoerced. At trial, Defendant again moved to suppress, but the stolen gun was admitted into evidence. Defendant was convicted of one count of receiving stolen property.

DISCUSSION

Standard of Review

6. When an appellate court reviews factual determinations made by the trial court, it determines whether the findings are supported by substantial evidence in the record. State v. Bidegain, 88 N.M. 466, 470, 541 P.2d 971, 975 (1975). However, we afford a de novo review to the trial court’s application of law to the facts, particularly when a mixed question of fact and law involves predominantly legal conclusions and constitutional rights. State v. Attaway, 117 N.M. 141, 145-46, 870 P.2d 103, 107-08 (1994). Search and seizure under the Fourth Amendment is just such a question. The preeminent inquiry is whether the search and seizure was reasonable. State v. Martinez, 94 N.M. 436, 440, 612 P.2d 228, 232, cert. denied, 449 U.S. 959, 101 S.Ct. 371, 66 L.Ed.2d 226 (1980). As our Supreme Court stated in Attaway, “[i]t is the duty of appellate courts to shape the parameters of police conduct by placing the constitutional requirement of reasonableness in factual context and we can discharge that duty only through meaningful review of lower court determinations.” 117 N.M. at 145, 870 P.2d at 107; see also State v. Vargas, 120 N.M. 416, 418, 902 P.2d 571, 573 (Ct.App.) (whether facts comply with constitutional requirements is a legal question to be reviewed on de novo basis), cert. denied, 120 N.M. 213, 900 P.2d 962 (1995).

Investigatory Stop

7. Defendant argues that the tip failed to provide enough reliable information to justify the stop. We disagree. The police may make an investigatory stop in circumstances that do not rise to probable cause for an arrest if they have a reasonable suspicion that the law has been or is being violated. Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1879-81, 20 L.Ed.2d 889 (1968); State v. Galvan, 90 N.M. 129, 131, 560 P.2d 550, 552 (Ct.App.1977). Reasonable suspicion must be based on specific articulable facts and the rational inferences that may be drawn from those facts. State v. Lovato, 112 N.M. 517, 519, 817 P.2d 251, 253 (Ct.App.), cert. denied, 112 N.M. 388, 815 P.2d 1178 (1991).

8. An anonymous tip may justify an investigatory stop if the information is sufficiently corroborated by subsequent investigation to establish reliability. Alabama v. White, 496 U.S. 325, 332, 110 S.Ct. 2412, 2417, 110 L.Ed.2d 301 (1990). Although the United States Supreme Court described it as a close call in White, the Court was persuaded because certain behavior predicted in the tip actually occurred in several particulars even though not all the behavior was necessarily criminal in nature. Id. In State v. Bedolla, 111 N.M. 448, 451-52, 806 P.2d 588, 591-92 (Ct.App.), cert. denied, 111 N.M. 416, 806 P.2d 65 (1991), the lack of such corroboration of predictive detail invalidated a stop based on an anonymous tip.

9.

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Bluebook (online)
920 P.2d 1038, 122 N.M. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flores-nmctapp-1996.