State v. Douglas, 34,594

Defendant David Douglas conditionally pled guilty to trafficking methamphetamine but reserved the right to appeal the denial of his motion to suppress.
Officer Johnston stopped Defendant’s motorcycle for an eye-protection/registration issue and discovered Defendant’s license was suspended; Defendant was asked to dismount because he could not ride without a license.
Officer Johnston observed a knife clipped to Defendant’s pocket and a partially opened handlebar bag containing what appeared to be the corner of a digital scale; Defendant showed marked nervousness when questioned.
Officer Johnston directed Defendant to put his hands on his head, removed the knife, and began a weapons pat-down; during the pat-down Defendant repeatedly removed his hands, turned toward the officer, and exhibited shaking legs.
The officer felt a bulge he believed might be drugs; because Defendant would not comply with instructions, officers subdued and arrested him for resisting, evading, or obstructing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the pat-down was supported by reasonable suspicion that Defendant was armed and presently dangerous	Officer had articulable suspicion based on visible knife, Defendant’s abnormal/exacerbated nervousness, and the possible presence of other weapons	Pat-down was unjustified because the officer lacked sufficient specific suspicion that Defendant was armed and presently dangerous	Affirmed: reasonable suspicion existed due to the knife and Defendant’s specific behaviors (nervousness, shaking, movement toward knife)
Whether there was probable cause to arrest Defendant for resisting, evading, or obstructing	Defendant’s repeated removal of hands, turning toward the officer, and refusal to comply provided probable cause that he resisted a peace officer lawfully performing duties	Arrest lacked probable cause because the underlying detention/search was unlawful or Defendant’s conduct did not amount to resisting	Affirmed: arrest supported by probable cause because the officer was lawfully conducting the pat-down and Defendant’s noncompliance amounted to resisting

State v. Vandenberg, 81 P.3d 19 (N.M. 2003) (frisk requires articulable suspicion that person is armed and presently dangerous; evaluate officer conduct objectively)
State v. Ochoa, 93 P.3d 1286 (N.M. 2004) (probable cause exists when facts warrant belief accused committed an offense)
Benavidez v. Shutiva, 350 P.3d 1234 (N.M. Ct. App. 2015) (probable cause is mixed question of law and fact)
State v. Cotton, 263 P.3d 925 (N.M. Ct. App. 2011) (elements of resisting an officer require resisting a peace officer in lawful discharge of duties)
State v. Doe, 583 P.2d 464 (N.M. 1978) (defendant may not physically resist a peace officer lawfully performing duties)
State v. Phillips, 203 P.3d 146 (N.M. Ct. App. 2009) (two-part inquiry whether officer was discharging duties and whether discharge was lawful)