State v. Affsprung

In State v. Affsprung, 2004 NMCA 38, PP10, 14, 135 N.M. 306, 87 P.3d 1088, the officer stopped the vehicle, in which the defendant was a passenger, for a faulty license plate light. Id. The officer observed no suspicious behavior before asking the defendant for identification. Id. PP2, 4. The defendant had no identification, but gave the officer his name, date of birth, and social security number. Id. The officer used the information to run a wants and warrants check on the defendant. Id. We noted that, although there is potential harm to an officer during a traffic stop, the defendant's "mere presence" in the stopped vehicle, where the officer had "no suspicion whatsoever of criminal activity or danger of harm from weapons," could not justify even a "minimal intrusion to tip the balance in favor of public or officer safety over individual Fourth Amendment privacy." Id. The Court held that the request for identification and use of that information to conduct a wants and warrants check on the defendant constituted an unlawful detention. Id.