State v. Cordova
35,920
N.M. Ct. App.Jun 20, 2017Background
- Defendant Matthew Cordova was convicted in metropolitan court of DWI and failure to maintain lane; the district court affirmed on the record and Cordova appealed.
- Officer followed Cordova’s vehicle ~15–30 yards behind and observed Cordova cross the yellow centerline, return to the lane, then cross the right dotted line with both passenger-side tires.
- Officer described traffic as moderate to heavy at the time of the observed lane crossings.
- Cordova moved to suppress evidence, arguing the traffic stop lacked reasonable suspicion because his lane deviations did not affect other traffic and therefore did not violate the lane-maintenance statute.
- The district court denied suppression and sustained the conviction; the Court of Appeals issued a calendar notice proposing to affirm and, after Cordova’s memorandum in opposition, affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion for failure to maintain lane | Officer’s observations of lane crossings while following 15–30 yards behind constituted a lane-maintenance violation and thus reasonable suspicion | Lane deviations did not affect other traffic and therefore did not constitute a violation or justify the stop | Affirmed: Officer had reasonable suspicion; crossings while an officer followed closely in moderate/heavy traffic satisfied § 66-7-317(A) and supported the stop |
Key Cases Cited
- State v. Jason L., 2 P.3d 856 (N.M. 2000) (defines reasonable suspicion as particularized suspicion based on all circumstances)
- State v. Hubble, 206 P.3d 579 (N.M. 2009) (officer must have specific articulable facts and rational inferences to justify suspicion)
- State v. Maes, 255 P.3d 314 (N.M. Ct. App. 2011) (standard of review for motions to suppress; mixed question of fact and law)
- State v. Pacheco, 193 P.3d 587 (N.M. Ct. App. 2008) (on appeal view facts in light most favorable to prevailing party for suppression rulings)
- State v. Salas, 321 P.3d 965 (N.M. Ct. App. 2014) (holding an officer driving behind a defendant can be considered affected by lane crossings)
- State v. Apodaca, 887 P.2d 756 (N.M. 1994) (evidentiary sufficiency standard for convictions)
