Birchfield applied to a case on appeal where defendant raised the issue at trial and Birchfeild came down during appellate review. State v. Vargas, 2017 N.M. LEXIS 71 (Oct. 5, 2017).
When defendant was told to “take a seat” in a hotel lobby, it was reasonable to assume he was detained, but it was with reasonable suspicion because his ID was almost certainly fake. Dispatch confirmed, and that led to a search incident. The search of his room was with consent, and the search of his car came from a dog alert while it was parked outside, and there was already reason to believe drugs were in the car. United States v. Ashbach, 2017 U.S. Dist. LEXIS 165551 (W.D. Wash. Oct. 5, 2017).*