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NM: When RS dissipates, frisk is a fishing expedition

By John Wesley Hall, Jr.

Once reasonable suspicion for the initial stop has dissipated, the officer acts unreasonably by detaining the defendant for a weapons frisk. This turned into a fishing expedition. The subsequent frisk was not by consent. State v. Figueroa, 2010 NMCA 48, 2010 N.M. App. LEXIS 63 (March 31, 2010), Certiorari Granted, June 2, 2010, No. 32,360: [*26] Having found no reason to investigate further and no reason to detain Defendant, Officer Mullins told Defendant he was free to leave. This constituted a recognition that his suspicion about Defendant's involvement in the domestic issue had been dispelled, and it ended his authority to detain Defendant or to investigate further. See Forfeiture, 1998 NMCA 29, PP 16-18. However, instead of letting Defendant leave, Officer Mullins successfully detained Defendant for a weapons check, even though there was no reasonable suspicion for his question about weapons and even though he articulated no danger to the officers...continue to full post

Full post as published by Fourth Amendment on June 19, 2010 (boomark / email).