NM: Assuming stop was unconstitutional, def’s giving a false name purged the taint

Surveying the law nationwide, the court concludes that defendant’s giving a false name purged the taint of his unreasonable stop under both the Fourth Amendment and the state constitution. The court declines the invitation to distinguish between violent and non-violent crimes. “P50 We hold that the new crime exception to the exclusionary rule may apply to both violent and non-violent crimes committed in response to unlawful police action. Defendant’s attempts to conceal his identity after the unlawful traffic stop sufficiently purged the taint of the initial illegality so as to render the exclusionary rule inapplicable under both the Fourth Amendment and Article II, Section 10 of the New Mexico Constitution. The evidence of the seat belt violation obtained as a direct result of the unlawful stop was correctly suppressed. Accordingly, we reverse the Court of Appeals and reinstate Defendant’s conviction.” State v. Tapia, 2018 N.M. LEXIS 14 (Feb. 23, 2018).

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