State v. Almeida
149 N.M. 651
N.M. Ct. App.2011Background
- Defendant Almeida was stopped for a traffic violation after turning left and allegedly entering a non-leftmost lane.
- The stop expanded to an arrest on multiple charges after the officer observed nervous behavior and a damaged steering column.
- Defendant provided a false alias and was later identified; dispatch uncovered warrants and the suspect was taken to jail.
- Defense moved to suppress evidence, arguing the stop was invalid or expanded without reasonable suspicion; district court denied without a written order.
- Defendant pled guilty to felon in possession of a firearm and forgery, reserving the right to appeal; the court reversed the stop based on a mistaken lane requirement under §66-7-322(B).
- The issue on appeal centers on whether §66-7-322(B) requires ending a left turn in the leftmost lane on multi-lane roads; the court held it does not, leading to suppression of the stop evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was lawful under §66-7-322(B). | Almeida contends the left-turn lane requirement was violated and the stop was based on a mistake of law. | Ahlm's belief that the driver failed to turn into the leftmost lane was a misapplication of the statute. | Stop invalid; evidence suppressed. |
Key Cases Cited
- State v. Ingram, 126 N.M. 426, 970 P.2d 1151 (1998 NMCA) (illegality of stop where based on unlawful basis)
- State v. Hubble, 146 N.M. 70, 206 P.3d 579 (2009 NMSC) (statutory interpretation priority; plain meaning governs)
- State v. Ochoa, 146 N.M. 32, 206 P.3d 143 (2009 NMCA) (reasonable suspicion necessary for traffic stop; mistaken belief insufficient)
- State v. Anaya, 143 N.M. 431, 176 P.3d 1163 (2008 NMCA) (police mistaken belief does not create reasonable suspicion)
