New Mexico Supreme Court

State v. Tapia

February 22, 20182018 NMSC 17

Summary

The New Mexico Supreme Court held that the new‑crime exception to the exclusionary rule applies to both violent and non‑violent identity crimes committed after an unlawful traffic stop, so evidence of the defendant’s concealment of identity and forgery is admissible under both the Fourth Amendment and Article II, § 10 of the state constitution, while the seat‑belt violation evidence obtained directly from the illegal stop is suppressed. The Court reversed the Court of Appeals and reinstated the conviction.