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124 N.M. 45

State v. Jimmy R.

New Mexico Court of Appeals

Decided August 20, 1997

New Mexico Court of Appeals · decided 1997-08-20

Relies on State v. Lovato

Good law ✅— No negative treatment on recordhow we know

Decided 1997-08-20

How this case has been cited

Cited by 18 later decisions — most recently December 2021

18 state decisions

1201997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ARMIJO, Judge

¶1(Specially Concurring).

¶210. I concur only in the result. I would affirm the trial court’s denial of Child’s motion to suppress on narrower grounds, namely: (1) there were specific articulable facts which gave rise to a reasonable suspicion that the youths might have a gun or guns that posed a threat to the officer’s safety; (2) in light of this suspicion, it was reasonable for the officer to conduct an investigative stop and a limited search of Child’s person for weapons; and (3) the intrusive nature of the stop (drawing a weapon, using handcuffs, and ordering suspects to lay on the ground) did not amount to a de facto arrest and was not otherwise unreasonable under the facts of this ease. See State v. Lovato, 112 N.M. 517, 519, 522-24, 817 P.2d 251, 253, 256-58 (Ct.App.1991) (investigatory stop requires reasonable suspicion based on specific articulable facts; officers may use reasonable force to effectuate investigatory stop and make limited search for weapons where it is shown that officers have reason to fear for their safety).

¶311. With regard to these three narrower issues only, I agree with the majority that Child has not sustained his burden of showing why Article II, Section 10 of the New Mexico Constitution employs a different concept of “reasonable suspicion” or requires a greater threat to the officer’s safety in order to justify protective measures such as frisking or handcuffing during the investigatory stop that the officer conducted in this case.

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