The New Mexico Supreme Court reversed a split appellate court’s holding, finding that evidence pertaining to a driver’s suspected drunken driving arrest must be suppressed after she was detained outside of her home by a noncommissioned, volunteer reserve deputy.
Last week, the high court sided with the district court, finding that the volunteer deputy’s actions were constitutionally unreasonable when he followed a suspected drunken driver to her home and ordered her to “hang tight” until a deputy sheriff came to the scene, according to the Supreme Court’s opinion.
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