D.N.M.: Def in a make of car he was prone to steal one hour after its theft was RS

The officer had reasonable suspicion on the totality to detain defendant for car theft. Defendant had a general reputation for that in the community. United States v. Madrigal, 2021 U.S. Dist. LEXIS 247007 (D.N.M. Dec. 28, 2021)* [one of those cases where the defendant’s being in a different car is itself almost reasonable suspicion; I’ve had a few]:

Second, the stolen vehicle was, in fact, a Hyundai Elantra, and therefore it fit the profile of the type of vehicle Officer Baca reasonably believed Defendant was inclined to steal. Third, the stolen Elantra was parked in the driveway of an address where Officer Baca knew Defendant had relatives and where he could often be found. The Elantra was not abandoned on the street, but rather backed into the driveway of the home, as though the person who parked it there had intended to continue to possess it and perhaps drive it away. Fourth, it had been only one hour since the car had been reported stolen.

This entry was posted in Reasonable suspicion. Bookmark the permalink.

Comments are closed.