 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Ruiten6/28/1988
e by a police officer, he must have specific, articulable facts which give rise to a reasonable suspicion that a law has been or is being violated. State v. Ray, 91 N.M. 67, 570 P.2d 605 (Ct. App.1977). The facts and inferences are to be judged by an objective standard. Id. In analyzing the sufficiency of the facts and inferences, the critical inquiry is: "Would the facts available to the officer warrant the officer, as a person of reasonable caution, to believe the action taken was appropriate?" State v. Cobbs, 103 N.M. 623, 626, 711 P.2d 900, 903 (Ct. App.1985) (quoting State v. Galvan, 90 N.M. at 131, 560 P.2d at 552inferences logically flow from those facts. Officer Varnell had received a dispatch describing a vehicle traveling south on State Road 18, possibly driven by a person under the influence of intoxicating liquor. While traveling north on that road, Officer Varnell spotted the described vehicle traveling south. He turned around and followed the vehicle for approximately one-half mile before verifying that it was the vehicle described in the dispatch.
The next inquiry is whether the information relayed in the dispatch, coupled with the officer locating and identifying the vehicle would warrant a person of reasonable caution in believing that defendant was violating a law justifying an investigatory stop. State v. Ray. Defendant argues that if the police receive a tip, there must be corroborating evidence to establish the reliability of the information. See State v. Jones, 96 N.M. 14, 627 P.2d 409 (1981). This corroboration is only required to establish probable cause for arrest.
In a case similar to the one before us, the Supreme Court of Vermont upheld the grounds for stopping an intoxicated driver. In State v. Lambert, 146 Vt. 142, 499 A.2d 761 (1985), a police officer, although without personal knowledge and observing no erratic behavior before the stop, based the stop of defendant's car on third-hand hearsay. A woman notified the police that her daughter called to say another daughter and two young grandchildren were riding with the woman's husband, who was intoxicated. The woman gave the police a description of the car, the license plate number, the names of the occupants, and a general description where the car could be located. While the familial relationship of the caller in Lambert no doubt lent credibility, absent an indication to the contrary, we believe the information given here from a citizen-informant could be relied on by the officer to raise a reasonable suspicion.
In State v. Michael G., 106 N.M. 644, 647, 748 P.2d 17, 20 (Ct. App.1987), this court held that:
itizen-informants are subject to much less stringent credibility verification requirements than ordinary police informants' statements * * *. A person who purports to be a witness or a victim of a crime may be presumed reliable, although police and other government officials must remain alert to the existence of particular circumstances that would indicate unreliability. [Citations omitted.]
In this case, the officer had sufficient information to form a reasonable suspicion that defendant was driving while intoxicated. Based on that reasonable suspicion, the officer had a reasonable basis for stopping defendant in order to investigate.
II. CLAIM OF IMPARTIALITY: FAILURE TO STRIKE REQUESTED FINDINGS AND CONCLUSIONS
Defendant argues that the conduct of the trial court in attem
Page 1 2 3 4 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|