State v. Reynolds

890 P.2d 1315, 119 N.M. 383
CourtNew Mexico Supreme Court
DecidedFebruary 9, 1995
Docket21922
StatusPublished
Cited by80 cases

This text of 890 P.2d 1315 (State v. Reynolds) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Reynolds, 890 P.2d 1315, 119 N.M. 383 (N.M. 1995).

Opinion

OPINION

FRANCHINI, Justice.

On petition of the State of New Mexico, we issued a writ of certiorari to the Court of Appeals under NMSA 1978, Sections 34-5-14(B)(3) and (4) (Repl.Pamp.1990) (significant question of constitutional law; issue of substantial public interest). In a consolidated appeal, that Court reversed a district court’s denial of a motion to suppress evidence discovered pursuant to a search warrant. State v. Reynolds, 117 N.M. 23, 24, 868 P.2d 668, 669 (Ct.App.1993). There are two issues on appeal: (1) whether, under NMSA 1978, Sections 66-2-12(A)(3), 66-3-13, and 66-5-16 (Repl.Pamp.1994), a law enforcement officer is permitted to ask for a driver’s license, registration, and proof of insurance once an officer stops an automobile for safety reasons; and (2) whether those statutes are consistent with the constitutional protections against unreasonable searches and seizures afforded by the Fourth Amendment of the United States Constitution and Article II, Section 10 of the New Mexico Constitution. We answer both questions affirmatively.

It is uncontroverted that the police in this case made a lawful automobile stop to warn its passengers of a safety concern. The Court of Appeals held that because “detention beyond the time necessary for the purpose of [a] stop is improper,” Reynolds, 117 N.M. at 26, 868 P.2d at 671, the officer’s subsequent request to see the driver’s license of the driver, registration, and proof of insurance was an unreasonable detention, id. at 27, 868 P.2d at 672. The detention having been unreasonable in the Court’s view, the Court ordered suppression of all evidence subsequently acquired as “fruit of the poisonous tree.” Id.

We reverse and hold that when a vehicle is lawfully stopped for safety reasons, an officer may reasonably detain the vehicle and its passengers for the purpose of asking for identification, registration, and/or proof of insurance. See § 66-3-13 (stating that person operating vehicle shall display registration upon demand of police officer); § 66-5-16 (stating that person operating vehicle shall display license upon demand of police officer).

Standard of review. Because this case involves a mixed question of law and fact, we use the substantial evidence standard for review of the facts and then make a de novo review of the trial court’s application of the law to those facts. See State v. Werner, 117 N.M. 315, 317, 871 P.2d 971, 973 (1994); State v. Attaway, 117 N.M. 141, 144, 870 P.2d 103, 106 (1994).

Facts and proceedings. Defendants Randall Reynolds and Frank Johnson were passengers in the cab of a small pickup truck traveling at night with its emergency lights flashing along Interstate 10. 1 Three men were riding on the tailgate of the truck with their feet hanging close to the road surface. State police officer Frank Musitano was concerned for the safety of the tailgate passengers and stopped the truck. After approaching the truck, Officer Musitano requested identification from the tailgate passengers and for the license, registration, and proof of insurance from the driver, Patricia Bowman. He discovered that the three tailgate passengers were hitchhikers who recently had been picked up. Bowman gave Musitano a valid driver’s license but could not produce registration or proof of insurance papers. Musitano noticed Reynolds “fiddling around,” and the officer began feeling unsafe because of the number of men, the physical .conditions, and the fact that no registration or insurance papers had been produced. Based on this feeling, he requested identification from the two Defendants and returned to his patrol car. He ran a “want and warrant check” on all of the truck’s occupants and ran a computer check on the truck’s license plate number. After fifteen to twenty minutes, he learned that Johnson was wanted in Delaware and that the license plate belonged to a different car. Officer Musitano obtained'the VIN number from the truck and discovered that the truck had been stolen. Musitano let the hitchhikers leave but arrested Bowman, Reynolds, and Johnson. Later, officers obtained a search warrant and discovered other stolen property in the truck.

At a suppression hearing, Defendants argued that after the valid initial stop the detention and request for driver’s identification was illegal under State v. Creech, 111 N.M. 490, 806 P.2d 1080 (Ct.App.1991). The trial court denied the motion to suppress. On appeal, the Court of Appeals held that while it is appropriate for police officers to stop vehicles for a specific safety concern, the scope of an intrusion following that stop has to be “strictly tied to and justified by” the purposes of the stop. Reynolds, 117 N.M. at 26, 868 P.2d at 671 (quoting Terry v. Ohio, 392 U.S. 1, 19, 88 S.Ct. 1868, 1878, 20 L.Ed.2d 889 (1968)). Citing Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660 (1979), for authority and example, the Court found it “difficult to see why it would be ‘reasonable’ ... to require production of a license, registration, and/or proof of insurance to facilitate a safety warning.” Reynolds, 117 N.M. at 26, 868 P.2d at 671. Without addressing the statutes that require production of driver and automobile information on demand, the Court concluded that the officer in this case “exceeded the scope of a reasonable inquiry” after making the safety stop, thus violating the Fourth Amendment. Id. at 27, 868 P.2d at 672.

In continuing detention cases, to determine reasonableness reviewing court must balance policeman’s and government’s interest in detention against the nature and scope of the intrusion. The Court of Appeals used the single quote from Terry and the narrow holding of Prouse to define its analysis as whether the particular conduct (asking for a license) was related to or justified by the reason for the initial detention (to warn passengers of a potentially unsafe situation). In our view, however, the Court of Appeal’s focus was misdirected to a “search” analysis instead of to a “seizure” analysis.

Terry is not controlling. In Terry (a seizure and subsequent search without a warrant), the Supreme Court expressed the test as a dual one: “whether the officer’s action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” Terry, 392 U.S. at 20, 88 S.Ct. at 1879. In order to assess the reasonableness of a particular seizure and search, the reviewing court must first “focus upon the governmental interest which allegedly justifies official intrusion upon the constitutionally protected interests of the private citizen” and this is done “by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.” Id. at 21, 88 S.Ct. at 1879 (quoting Camara v. Municipal Court, 387 U.S. 523, 534-35, 536-37, 87 S.Ct. 1727, 1734-35, 18 L.Ed.2d 930 (1967)) (alteration in original).

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Bluebook (online)
890 P.2d 1315, 119 N.M. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reynolds-nm-1995.