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STATE v. OCHOA

No. 24,720.

144 P.3d 132 (2006)

2006-NMCA-131

STATE of New Mexico, Plaintiff-Appellee, v. Julian OCHOA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted October 12, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 30,016, October 12, 2006.

OPINION

VIGIL, Judge.

{1} This case requires us to determine if it is constitutionally reasonable for a police officer to stop a vehicle for a seatbelt violation when he does not personally observe a violation and does so only because he was told to do so by another police officer who wants to talk to the driver of the vehicle. We conclude that such a stop is not constitutionally reasonable. We therefore...

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