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NM: Lack of dog alert did not require stop otherwise with RS to immediately end

By John Wesley Hall, Jr.

Officer had reasonable suspicion of a vehicle which the driver had no apparent authority to be driving while it was being checked out. A drug dog came and did not alert. The lack of a dog alert was not conclusive on the stop having to end. State v. Pacheco, 2008 NMCA 131, 2008 N.M. App. LEXIS 106 (August 14, 2008): [*25] In summary, viewing the evidence in the light most favorable to the State, and considering the totality of circumstances, the law enforcement officers conducted a diligent, minimally intrusive investigation, based on a reasonable, articulable suspicion of criminal activity. On balance, "the government's interest in deterring methamphetamine use, coupled with its general interest in effective crime prevention and detection, substantially outweigh[ed] the minimal intrusion on Defendant's liberty" in this case...continue to full post

Full post as published by Fourth Amendment on October 05, 2008 (boomark / email).