This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case revolves around a traffic stop initiated by Officer Pope after the Defendant hit a dog with her vehicle and subsequently left the scene without stopping. The City of Rio Rancho charged the Defendant with violating a municipal ordinance that mandates a driver, upon hitting an animal, to provide necessary aid and remain at the scene for a reasonable length of time (para 3).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Plaintiff-Appellant (City of Rio Rancho): Argued that Officer Pope had reasonable suspicion to stop the Defendant's vehicle because she violated the municipal ordinance by hitting a dog and leaving the scene without providing aid or waiting for authorities (paras 1, 3).
- Defendant-Appellee (Glenda Rougemont): Contended that there was no reasonable suspicion for the traffic stop as the dog ran away, making it impossible to render aid. The Defendant also argued that since it was possible she did not hear anyone telling her to stop and because the dog ran away, she did not violate the ordinance (para 4).
Legal Issues
- Whether Officer Pope had reasonable suspicion to stop the Defendant’s vehicle after she hit a dog and left the scene, in potential violation of the City of Rio Rancho's municipal ordinance.
Disposition
- The Court of Appeals reversed the district court’s order suppressing evidence and remanded for further proceedings, including consideration of other issues raised in the Defendant's motion to suppress (para 8).
Reasons
-
Judges Julie J. Vargas, Linda M. Vanzi, and Briana H. Zamora concurred in the opinion. The Court determined that Officer Pope had specific, articulable reasons to believe the Defendant violated the municipal ordinance by not remaining at the scene after hitting a dog, which provided reasonable suspicion for the traffic stop. The Court rejected the Defendant's argument that the inability to render aid due to the dog running away negated the violation of the ordinance, emphasizing that the ordinance also required the driver to remain at the scene for a reasonable length of time. The Court also noted that even if the City did not argue the ordinance during the suppression hearing, Officer Pope's observation of the Defendant leaving the scene constituted sufficient basis for reasonable suspicion. Additionally, the Court suggested that the manner in which the Defendant was driving could independently support reasonable suspicion of careless driving, although this point was not contested by the Defendant in her memorandum in opposition (paras 1-8).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.