{"id":5442,"date":"2012-05-28T21:18:36","date_gmt":"2011-04-17T07:05:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-17T07:05:12","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5442","title":{"rendered":"WA: Arrest for suspended DL did not justify handcuffing passengers and search of car"},"content":{"rendered":"<p>The vehicle in which defendant was riding was stopped for a traffic offense, and the officer handcuffed everybody in the car and searched it without any indication of illegal activity. The search was unconstitutional even under Gant, but the state constitution grants more rights. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/38325-0.11.doc.pdf\">State v. Abuan<\/a>, 161 Wn. App. 135, 257 P.3d 1 (2011).*<\/p>\n<p>Under the N.M. Const., the officer did not have sufficient independent articulable and reasonable suspicion to expand the scope of an initial traffic stop for a further inquiry regarding defendant\u2019s relationship with his passenger, who the officer believed to be a prostitute. The only circumstances possibly giving rise to suspicion of solicitation of a prostitute before the officer began his inquiry were seeing defendant&#8217;s vehicle pull into and then out of an alley at 12:30 a.m. and the presence of a passenger who the officer believed to be a transvestite prostitute. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA29,010.pdf\">State v. Olson<\/a>, 2011 NMCA 56, 150 N.M. 348, 258 P.3d 1140 (2011), Cert. Granted, 265 P.3d 719 (N.M., 2011).*<\/p>\n<p>Officers had reasonable suspicion that defendant was taking a box full of marijuana from a garage under surveillance based on a corroborated CI\u2019s tip when they stopped his car. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA29,214.pdf\">State v. Alderete<\/a>, 2011<br \/>\nNMCA 55, 255 P.3d 377 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5442\">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-5442","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5442","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5442"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5442\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5442"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5442"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}