{"id":2521,"date":"2009-12-22T07:03:32","date_gmt":"2008-10-05T06:54:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-06T07:01:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2521","title":{"rendered":"NM: Lack of dog alert did not require stop otherwise with RS to immediately end"},"content":{"rendered":"<p>Officer had reasonable suspicion of a vehicle which the driver had no apparent authority to be driving while it was being checked out. A drug dog came and did not alert. The lack of a dog alert was not conclusive on the stop having to end. <a href=\"http:\/\/coa.nmcourts.gov\/documents\/opinions\/Pacheco%20Mario%20FO.pdf\">State v. Pacheco<\/a>, 2008 NMCA 131, 145 N.M. 40, 193 P.3d 587 (2008):<\/p>\n<blockquote><p>[*25] In summary, viewing the evidence in the light most favorable to the State, and considering the totality of circumstances, the law enforcement officers conducted a diligent, minimally intrusive investigation, based on a reasonable, articulable suspicion of criminal activity. On balance, &#8220;the government&#8217;s interest in deterring methamphetamine use, coupled with its general interest in effective crime prevention and detection, substantially outweigh[ed] the minimal intrusion on Defendant&#8217;s liberty&#8221; in this case. <em>Robbs<\/em>, 2006 NMCA 61, P 22. Because the investigation was conducted in an appropriately circumscribed and diligent fashion, the ensuing consensual search of the vehicle was not tainted by prior illegality. See <em>Duran<\/em>, 2005 NMSC 34, P 42. We therefore conclude that Defendant&#8217;s motion to suppress was properly denied.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2521\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2521","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2521","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2521"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2521\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2521"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2521"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2521"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}