NM doesn’t permit questions about travel in routine traffic stops while federal courts do

New Mexico requires under its state constitution that all questions during a traffic stop not be fishing expeditions about other things unless reasonable suspicion is present. Asking about where defendant had been and who he met were not related to the traffic part of the stop and were unreasonable because the officer was fishing for a drug offense. State v. Tuton, 2020 N.M. App. LEXIS 27 (June 9, 2020).

“Trooper Foster’s questions about the Defendant’s travels were reasonably related to the purpose of the [traffic] stop.” The trooper also knew defendant was under a drug investigation. United States v. Hernandez-Rubio, 2020 U.S. Dist. LEXIS 101080 (D. Neb. June 9, 2020).*

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