State v. Garcia
35,017
| N.M. Ct. App. | Jun 28, 2017Background
- At 6:55 p.m. a woman called 911 reporting a "disorderly subject": a shirtless man banging on her apartment door and sliding notes under it; caller had dated Defendant for two weeks.
- Caller identified the man as driving a black Ford F-150 (Harley Davidson edition) and later called again at 7:08 p.m. to report he was leaving the complex.
- Deputy Trevor Weeks was dispatched, arrived at 7:10 p.m., observed a shirtless man driving a matching black F-150 exiting the gated complex (the only point of entry/exit), and stopped him.
- The stop led to Defendant’s arrest for aggravated DWI; Defendant moved to suppress evidence obtained from the detention, arguing the stop lacked reasonable suspicion and should be evaluated under probable cause.
- The metropolitan court and then the district court denied the suppression motion, concluding the stop was supported by reasonable and particularized suspicion; Defendant entered a conditional plea to non‑aggravated DWI and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to conduct an investigatory stop | Dispatch provided timely, specific identifiers and a 911 caller seeking help; officer could reasonably suspect criminal trespass/disorderly conduct | Actions were noncriminal and caller’s distress/identity of subject were insufficient to support reasonable suspicion | Stop was supported by reasonable and particularized suspicion; suppression denied |
| Whether seizure should be judged under probable cause rather than reasonable suspicion | N/A (State proceeded on investigatory stop basis) | Higher probable-cause standard should apply | Court declined to address; arrest-versus-stop distinction controls (investigatory stop requires reasonable suspicion) |
Key Cases Cited
- State v. Jason L., 129 N.M. 119 (2000) (investigatory detention permitted on reasonable, articulable suspicion)
- State v. Hubble, 146 N.M. 70 (2009) (traffic stop is a seizure and must be reasonable under the Fourth Amendment)
- State v. Vandenberg, 134 N.M. 566 (2003) (motions to suppress present mixed questions of fact and law; factual findings reviewed for substantial evidence)
- State v. Garcia, 147 N.M. 134 (2009) (no reasonable suspicion where officer had no description linking defendant to the complaint)
- State v. Burciaga, 116 N.M. 733 (1993) (domestic disputes can escalate and justify prompt police investigation)