Investigative Detentions (Terry Stops) - What Questions Can I Ask?

The New Mexico Court of appeals has held that the scope of a valid Terry stop violates the New Mexico constitution when an officer asks questions unrelated to the reasons justifying the stop.

See State v. Tuton, 472 P.3d 1214 (2020): https://casetext.com/case/state-v-tuton

See Arizona v. Johnson, 555 U.S. 323 (2009): https://supreme.justia.com/cases/federal/us/555/323/

See Terry v. Ohio, 392 U.S. 1 (1968): https://supreme.justia.com/cases/federal/us/392/1/

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Erik Scramlin is a former Chief Deputy District Attorney and currently serves as the Senior Attorney Instructor at Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com

DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.