State v. Olson, 285 P.3d 1066

Officer stopped Olson for expired temporary tags on University Boulevard after seeing late-night alley activity near a known prostitution area.
During the stop, the officer noticed the front-seat passenger appeared to be a known prostitute based on clothing and makeup.
To investigate prostitution, the officer separated driver and passenger and questioned them about their relationship and business, which extended the stop.
Olson was ordered to exit the vehicle; the officer then asked to inspect a fanny pack for weapons as a safety precaution.
Olson consented to the officer looking inside the fanny pack, leading to discovery of three crack pipes and cocaine, resulting in arrest for drug paraphernalia and possession.
Olson moved to suppress the evidence arguing the stop expansion and search violated Article II, Section 10 and the Fourth Amendment; district court denied, and on appeal the Court of Appeals reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the officer have reasonable suspicion to expand the stop for prostitution?	Olson contends lack of reasonable suspicion to investigate prostitution.	Olson argues expansion was unsupported by independent indicia of criminal activity.	Yes; expansion supported by reasonable suspicion.
Was ordering Olson out of the car lawful for the prostitution investigation?	State argues detainment for investigation was permissible and safety-focused.	Olson argues no need to remove him beyond the traffic stop.	Permissible under existing NM precedent; not necessary to adopt Mimms for this case.
Whether the fanny-pack search was valid as consensual and not fruit of prior illegality?	Consent to search was voluntary and independent of any unlawful search.	Any search result tainted by prior illegality; consent cannot cure.	Consent was voluntary and not fruit of prior unlawful search.
Was the consent to search the fanny pack valid given voluntariness?	Officer testified consent was voluntary; court should defer to its findings.	There was coercion or duress absent, but the record shows no coercion.	Consent knowingly, voluntarily made; valid.

State v. Duran, 138 N.M. 414, 120 P.3d 836 (2005-NMSC-034) (two-part Terry-based analysis for expanded traffic stops)
State v. Leyva, 149 N.M. 435, 250 P.3d 861 (2011-NMSC-009) (NM constitutional standard; greater protections than Fourth Amendment)
State v. Cardenas-Alvarez, 130 N.M. 386, 25 P.3d 225 (2001-NMSC-017) (fruits of illegal searches; exception for tainted searches)
State v. Cobbs, 103 N.M. 623, 711 P.2d 900 (1985-Ct. App.) (reasonable suspicion for protective frisk requires danger factors)
State v. Goss, 111 N.M. 530, 807 P.2d 228 (1992-Ct. App.) (consent-based searches; weighing voluntariness where evidence is acquiescence)
State v. Ketelson, 150 N.M. 137, 257 P.3d 957 (2011-NMSC-023) (standard of review for suppression rulings)
State v. Neal, 142 N.M. 176, 164 P.3d 57 (2007-NMSC-043) (totality-of-circumstances and reasonableness of suspicions)
State v. Vandenburg, 134 N.M. 566, 81 P.3d 19 (2003-NMSC-030) (reasonable suspicion to stop for traffic violation)
State v. Duffy, 126 N.M. 132, 967 P.2d 807 (1998-NMSC-014) (voluntariness of consent; search validity)