This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
On a February evening, an Otero County Sheriff's Deputy responded to a call about a man in potential distress on a rural road near Tularosa, New Mexico. The Deputy, in a marked police car, encountered the Defendant on foot. The Deputy parked, illuminated the Defendant with headlights, and informed him he was not being stopped or detained. The Defendant requested a ride home, consented to a pat-down search, and was found with a methamphetamine pipe and methamphetamine in his boot (paras 3-4).
Procedural History
- District Court of Otero County: Denied the Defendant's motion to suppress evidence, concluding the encounter was consensual.
Parties' Submissions
- Defendant-Appellant: Argued that the encounter was nonconsensual and he was unlawfully seized before requesting a ride, making his consent to the search involuntary (para 6).
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the encounter between the Defendant and the Deputy was consensual or constituted an unlawful seizure.
- Whether the Defendant's consent to the pat-down search was voluntary.
Disposition
- The New Mexico Court of Appeals affirmed the district court's decision, agreeing that the encounter was consensual and not an unlawful seizure (para 1).
Reasons
Per Attrep, Chief Judge (Baca and Wray JJ. concurring):
The Court found that the encounter was consensual, as the Deputy did not display a weapon, physically touch the Defendant, or use a compelling tone. The Deputy informed the Defendant he was not being detained, and the use of headlights was necessary due to the dark conditions. The Court distinguished this case from others where a seizure was found, noting the lack of a show of authority or request for identification before the Defendant's request for a ride. The Court concluded that a reasonable person would have felt free to leave, and thus, the Defendant's consent to the search was voluntary (paras 8-12).