318 P.3d 180
N.M. Ct. App.2013Background
- Defendant Tiakebia Murry sat as a passenger in a black Audi parked in an apartment complex lot; two uniformed APD officers on bicycle patrol approached the car after noticing it with occupants and the car engine off.
- Officer Rice observed the driver drop his shoulder, prompting safety concerns, and ordered the driver to open the door; the driver complied immediately.
- Officer Rice saw an open alcoholic beverage can and a clear bag with marijuana in the center console; all three occupants were detained for investigation of those items.
- Defendant exited the car and a purse on the backseat, with crumpled bills and a white powdery substance on a bill, was observed; a pat-down of Defendant occurred.
- Officers checked identification; the driver had an outstanding misdemeanor warrant and Defendant was on probation; the car was towed, and an inventory search occurred.
- Officer Rice later transferred suspected cocaine residue from a floorbill to a bag during inventory processing, leading to Defendant’s arrest for possession of cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial encounter was a seizure without reasonable suspicion | Murry | Murry | Seizure occurred without RS; suppression required |
| Whether RS existed at seizure inception | State | Murry | RS did not exist; seizure unlawful |
| Whether evidence found stemming from the seizure is admissible | State | Murry | Inevitable discovery does not apply; suppression of tainted evidence ordered |
Key Cases Cited
- State v. Jason L., 2000-NMSC-018 (N.M. 2000) (reasonable suspicion required at seizure inception; mixed questions of fact and law)
- State v. Harbison, 2010-NMCA-040 (N.M. App. 2010) (de novo review of reasonable suspicion; case-by-case analysis)
- State v. Lopez, 1989-NMCA-030 (N.M. App. 1989) (consent vs seizure analysis; free-to-leave standard)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (passenger seizure during vehicle stop; passengers not free to depart)
- State v. Garcia, 2009-NMSC-046 (N.M. 2009) (initial actions demonstrating accosting and restraint)
- State v. Soto, 2008-NMCA-032 (N.M. App. 2008) (show of authority by police car; defendant submitted to authority)