AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant was convicted for driving under the influence of drugs, possession of marijuana, and possession of drug paraphernalia following a conditional guilty plea. The plea allowed the Defendant to appeal the denial of his motion to suppress evidence obtained after he was directed to a secondary inspection area at a DWI checkpoint due to his nervous behavior.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant-Appellant: Argued that the high degree of nervousness exhibited at a DWI checkpoint did not provide the officer with reasonable suspicion of criminal activity to justify the secondary inspection.
• Plaintiff-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Defendant's nervousness at a DWI checkpoint provided reasonable suspicion of criminal activity to justify sending him to the secondary inspection area.

Disposition

• The court reversed the district court’s denial of Defendant’s motion to suppress.

Reasons

• RODERICK T. KENNEDY, Judge (MICHAEL D. BUSTAMANTE, Judge, TIMOTHY L. GARCIA, Judge concurring):
  The court found that the Defendant's nervousness alone did not constitute reasonable suspicion of criminal activity to justify the secondary inspection at a DWI checkpoint. It was determined that the New Mexico Constitution requires reasonable suspicion of criminal activity for secondary detentions at routine checkpoint stops, a standard not met in this case. The court emphasized that reasonable suspicion must be a particularized suspicion based on the totality of circumstances, which was not present solely based on the Defendant's nervousness and shaky hands. The court distinguished this case from others where nervousness, combined with other suspicious circumstances, could lead to reasonable suspicion. The court concluded that the officer's generalized concern about the Defendant's nervousness did not establish reasonable suspicion of impairment necessary to justify the secondary inspection. Therefore, the Defendant's prolonged detention at the DWI checkpoint was without a lawful basis, leading to the reversal of the district court’s denial of the motion to suppress.