NM: Too vague a description wasn’t RS for this stop, one mile from crime scene, 37-40 minutes later, vague description of car

“We view the totality of the circumstances at the time Deputy Ruiz seized Defendant through the lens of the district court’s factual finding that the suspect did not hide, as our standard of review requires. Based on the passage of thirty-seven to forty minutes and the location of the stop—just one mile from the alleged stabbing—in combination with Deputy Ruiz’s testimony that (1) he did not know whether the model of Defendant’s car was an Accord or a Civic, (2) he did not know whether Defendant’s car had damage to the front fender corresponding with the BOLO description, and (3) his department was ‘stopping anything that looked similar to a grey Honda’ within the area, we conclude that it was not objectively reasonable for Deputy Ruiz to stop Defendant’s car.” State v. Espinoza, 2023 N.M. LEXIS 237 (Oct. 30, 2023).

The court observes that Fourth Amendment “corners were cut,” but the whole process was still reasonable on the totality. United States v. Ferguson, 2023 U.S. Dist. LEXIS 194016 (N.D. Ill. Oct. 30, 2023).*

Defendant’s failure to present his specific issue in the motion to suppress to the trial court is waiver. State v. Funk, 2023 Tenn. Crim. App. LEXIS 436 (Oct. 30, 2023).*