A-1-CA-37469•April 6, 2020- State of New Mexico v. Joseph Kanizar, No. A-1-CA-37469
April 6, 2020- State of New Mexico v. Joseph Kanizar, No. A-1-CA-37469
A-1-CA-37469Nmctapp
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1
STATE OF NEW MEXICO, 2
Plaintiff-Appellee, 3
v. No. A-1-CA-37469 4
JOSEPH KANIZAR, 5
Defendant-Appellant. 6
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY 7
Karen L. Townsend, District Judge 8
Hector H. Balderas, Attorney General 9
Santa Fe, NM 10
John Kloss, Assistant Attorney General 11
Albuquerque, NM 12
for Appellee 13
Bennett J. Baur, Chief Public Defender 14
Gregory B. Dawkins, Assistant Appellate Defender 15
Santa Fe, NM 16
for Appellant 17
MEMORANDUM OPINION 18
BOGARDUS, Judge. 19
{1} Following his conditional, no contest plea to aggravated driving under the 20
influence of intoxicating liquor or drugs (DUI), NMSA 1978, § 66-8-102(D)(1) 21
(2016), Defendant Joseph Kanizar appeals the district court’s denial of his motion 22
Court of Appeals of New Mexico
Filed 4/6/2020 9:40 AM2
to suppress evidence of his intoxication collected during a traffic stop. Defendant 1
argues that the traffic stop violated his right to protection from an unreasonable 2
seizure under the Fourth Amendment of the United States Constitution and its 3
corollary, Article II, Section 10 of the New Mexico Constitution. We affirm. 4
BACKGROUND 5
{2} Officer Hunter Weaver was patrolling the streets of Farmington, New Mexico 6
after midnight when he began following a car driven by Defendant. Defendant was 7
driving toward an intersection and from there turned right. Officer Weaver observed 8
what he believed were three traffic violations committed by Defendant: coming to a 9
stop on the crosswalk at the intersection; not turning as close as practicable to the 10
right-hand curb; and, after the turn, straddling the left-side, solid line of the middle 11
lane. Seeing this, Officer Weaver pulled Defendant over. Officer Weaver 12
approached Defendant’s passenger side initially. When the passenger opened the 13
door, Officer Weaver was “overcome with the odor of alcoholic beverages” coming 14
from the cab. Defendant then submitted to field sobriety tests, and Officer Weaver 15
arrested him for DUI. 16
{3} In addition to aggravated DUI, the State charged Defendant with committing 17
the first two traffic violations Officer Weaver observed: failing to stop or yield at an 18
intersection, contrary to NMSA 1978, Section 66-7-345(D) (2003), and improper 19
turning at an intersection, contrary to NMSA 1978, Section 66-7-322(A) (1978). 203
{4} Defendant moved to suppress the evidence leading to the DUI charge, arguing 1
that he did not commit the traffic violations. Without reasonable suspicion for the 2
stop, he said, it was illegal, and so the evidence resulting from it could not be used 3
against him. 4
{5} The district court held a hearing on the motion. Officer Weaver testified at the 5
hearing, and a video recording of the incident taken from his patrol car’s dash camera 6
was played. The court withheld its decision until after the hearing, but ultimately 7
denied the motion. 8
DISCUSSION 9
{6} The denial of a motion to suppress presents us with a mixed question of fact 10
and law. State v. Martinez, 2018-NMSC-007, ¶ 8, 410 P.3d 186. Regarding 11
questions of fact, we defer to the district court’s factual findings, viewing them in 12
the light most favorable to the prevailing party, and upholding them if they are 13
supported by substantial evidence. See, e.g., id. ¶¶ 3, 8. “Substantial evidence is 14
relevant evidence that a reasonable mind might accept as adequate to support a 15
conclusion.” State v. Grubb, 2020-NMCA-003, ¶ 18, 455 P.3d 877 (internal 16
quotation marks and citation omitted). Where, as here, a district court in a 17
suppression hearing receives evidence in the form of both witness testimony and 18
video, “we must review the totality of the circumstances and must avoid reweighing 19
individual factors in isolation.” Martinez, 2018-NMSC-007, ¶ 12. 204
{7} We then review the application of the law to the facts supported by substantial 1
evidence de novo—in this case by “making a de novo determination of the 2
constitutional reasonableness of the . . . seizure.” Id. ¶ 8 (internal quotation marks 3
and citation omitted). We note, as relevant here, that there is no Fourth Amendment 4
or Article II, Section 101 violation when a police officer stops a driver whom the 5
officer reasonably suspects has violated a traffic law. See id. ¶¶ 10-11; see also State 6
v. Farish, 2018-NMCA-003, ¶ 16, 410 P.3d 239 (“Our obligation as a reviewing 7
court is to objectively judge the circumstances known to the officer to determine 8
whether from the circumstances a reasonable person would believe that criminal 9
activity occurred or was occurring.” (internal quotation marks and citation omitted)). 10
{8} On appeal, Defendant maintains that the evidence does not show that he 11
committed any of the traffic violations that Officer Weaver allegedly witnessed and 12
which served as the basis for the stop. Defendant also takes issue with the legal 13
conclusion—that the stop was supported by reasonable suspicion of impairment— 14
drawn by the district court in its order denying the motion. The district court found 15
as follows. 16
[U]nder the totality of the circumstances Officer Weaver had 17
reasonable suspicion to stop . . . Defendant’s vehicle. Officer Weaver 18
1Although Defendant cites Article II, Section 10, he does not argue that “the
New Mexico Constitution . . . require[s] more than a reasonable suspicion that the
law is being or has been broken to conduct a temporary, investigatory traffic stop[,]”
nor has our Constitution been interpreted to require such. Martinez, 2018-NMSC-
007, ¶ 10 n.1 (internal quotation marks and citation omitted).5
observed, and the video of the incident confirms, that . . . Defendant 1
made a wide turn after leaving an intersection. Accordingly, it is 2
presumed that the tires cross over or straddle the double yellow line 3
painted on the roadway. The observed violation, in addition to the other 4
driving behavior observed by the officer, provided Officer Weaver with 5
reasonable suspicion that the driver of the vehicle was impaired. The 6
reasonable suspicion for the stop is a reasonable suspicion of 7
impairment, not because the officer observed three distinct crimes in 8
the officer’s presence. 9
Aside from contesting the evidence of traffic violations, Defendant argues that the 10
district court could not have found that Officer Weaver had reasonable suspicion of 11
impairment. That is, Defendant argues, if he did not commit the traffic violations 12
and otherwise did not drive in a way indicating impairment, then the court could not 13
have found reasonable suspicion to justify the stop. 14
{9} Before we reach the merits of Defendant’s first argument—that he committed 15
no traffic violation, we address his second argument—that the district court’s 16
reasonable suspicion of impairment conclusion was error. We need not consider 17
whether the evidence and law support the conclusion that there was reasonable 18
suspicion Defendant was committing DUI, an explanation not given by Officer 19
Weaver. This is because we uphold the district court’s ruling on alternative 20
grounds—i.e., that Officer Weaver had reasonable suspicion Defendant committed 21
a traffic violation. Cf. Farish, 2018-NMCA-003, ¶¶ 5, 16, 19 (holding that, under 22
the right for any reason doctrine, the defendant’s traffic stop was justified on a 23
statutory basis different from that relied on by the district court). There being 246
reasonable suspicion to support the initial stop, and Defendant making no claim that 1
the scope of the stop was unreasonably expanded into a DUI investigation, our 2
analysis is complete and we need not evaluate the district court’s conclusion that 3
there was reasonable suspicion of impairment. See State v. Neal, 2007-NMSC-043, 4
¶ 20, 142 N.M. 176, 164 P.3d 57 (observing that “a police officer making a lawful 5
stop may conduct an investigation reasonably related to the circumstances that gave 6
rise to the officer's reasons for the stop” and “[t]he officer may expand this 7
investigation if the officer has reasonable and articulable suspicion that other 8
criminal activity has been or may be afoot” (internal quotation marks and citation 9
omitted)). 10
{10} Having reviewed Officer Weaver’s testimony and the dash camera video, we 11
conclude that substantial evidence supports the finding that Defendant violated at 12
least one traffic law. Specifically, the evidence is sufficient to support the district 13
court’s finding that “Officer Weaver observed, and the video of the incident 14
confirms, that . . . Defendant made a wide turn after leaving an intersection[,]” a turn 15
that constituted a violation of Section 66-7-322. 16
{11} Section 66-7-322(A) requires a driver intending to turn at an intersection, both 17
on approach for the turn and in making the turn, to keep “as close as practicable to 18
the right-hand curb or edge of the roadway[.]” Defendant argues he did this. He 19
reasons as follows: the dash camera did not pick up the turn (and so it cannot be 207
relied on for evidence to disprove Defendant’s allegation); the turn “may have been 1
necessarily wide[] as a matter of physics”; and there were discrepancies in Officer 2
Weaver’s subsequent testimony about Defendant’s straddling the solid line (and so 3
his testimony about the turn should not be believed). 4
{12} Defendant’s arguments falter, and the district court’s finding prevails, for the 5
following reasons. First, as Defendant acknowledges, the video does not capture the 6
full turn. Its utility to Defendant is thus negligible at best. The video essentially 7
would have to “squarely contradict[]” Officer Weaver’s testimony for it to 8
undermine the district court’s finding, see Martinez, 2018-NMSC-007, ¶¶ 16-17, 9
and it does not. 10
{13} Second, to the extent that Defendant tries to defeat this testimony by offering 11
explanations why the turn was necessarily wide and offering reasons Officer Weaver 12
should not be believed, we disregard Defendant’s pleas. Inferences and evidence 13
contrary to the district court’s finding have no place in our analysis. See id. ¶ 15. 14
{14} Last, and importantly, Officer Weaver supplied substantial evidence that 15
Defendant’s turn was wider than necessary. He testified at the hearing that he pulled 16
Defendant over for, among other reasons, “making a wide right-hand turn.” He 17
added that the turn was “far from” being as close to the curb as possible, that he 18
recalled no observable reason to make such a wide turn, that Defendant’s car 19
straddled the solid line of the middle lane after the turn, and that when he made the 208
same turn, he was able to avoid such straddling and maintain his lane. We credit this 1
testimony, since it supports the district court’s conclusion that Defendant violated 2
Section 66-7-322(A). See Martinez, 2018-NMSC-007, ¶ 15 (presuming that the 3
district court, which found reasonable suspicion for a traffic violation-based stop, 4
credited an officer’s testimony that the defendant committed the violation). 5
{15} All in all, Officer Weaver’s testimony provides substantial evidence that 6
Defendant’s turn was not as close as practicable to the right-hand curb. We therefore 7
accept the district court’s finding that Defendant was seen to have committed a 8
traffic violation. The violation gave Officer Weaver reasonable suspicion to pull 9
Defendant over, and so the stop was reasonable under the Fourth Amendment and 10
Article II, Section 10. Accordingly, the district court’s denial of Defendant’s 11
suppression motion was proper. 12
CONCLUSION 13
{16} We affirm. 14
{17} IT IS SO ORDERED. 15
_________________________________ 16
KRISTINA BOGARDUS, Judge 179 WE CONCUR: 1 _________________________________ 2 JULIE J. VARGAS, Judge 3 _________________________________ 4 JENNIFER L. ATTREP, Judge 5
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Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication
with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly
in Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico
STATE OF NEW MEXICO, ML 9:40 AM
we es
Plaintiff-Appellee, Fe
Mark Reynolds
V. No. A-1-CA-37469
JOSEPH KANIZAR,
Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
Karen L. Townsend, District Judge
Hector H. Balderas, Attorney General
Santa Fe, NM
John Kloss, Assistant Attorney General
Albuquerque, NM
for Appellee
Bennett J. Baur, Chief Public Defender
Gregory B. Dawkins, Assistant Appellate Defender
Santa Fe, NM
for Appellant
MEMORANDUM OPINION
BOGARDJUS, Judge.
(43 Following his conditional, no contest plea to aggravated driving under the
influence of intoxicating liquor or drugs (DUI), NMSA 1978, § 66-8-102(D)(1)
(2016), Defendant Joseph Kanizar appeals the district court’s denial of his motion
2
to suppress evidence of his intoxication collected during a traffic stop. Defendant 1
argues that the traffic stop violated his right to protection from an unreasonable 2
seizure under the Fourth Amendment of the United States Constitution and its 3
corollary, Article II, Section 10 of the New Mexico Constitution. We affirm. 4
BACKGROUND 5
{2} Officer Hunter Weaver was patrolling the streets of Farmington, New Mexico 6
after midnight when he began following a car driven by Defendant. Defendant was 7
driving toward an intersection and from there turned right. Officer Weaver observed 8
what he believed were three traffic violations committed by Defendant: coming to a 9
stop on the crosswalk at the intersection; not turning as close as practicable to the 10
right-hand curb; and, after the turn, straddling the left-side, solid line of the middle 11
lane. Seeing this, Officer Weaver pulled Defendant over. Officer Weaver 12
approached Defendant’s passenger side initially. When the passenger opened the 13
door, Officer Weaver was “overcome with the odor of alcoholic beverages” coming 14
from the cab. Defendant then submitted to field sobriety tests, and Officer Weaver 15
arrested him for DUI. 16
{3} In addition to aggravated DUI, the State charged Defendant with committing 17
the first two traffic violations Officer Weaver observed: failing to stop or yield at an 18
intersection, contrary to NMSA 1978, Section 66-7-345(D) (2003), and improper 19
turning at an intersection, contrary to NMSA 1978, Section 66-7-322(A) (1978). 20
3
{4} Defendant moved to suppress the evidence leading to the DUI charge, arguing 1
that he did not commit the traffic violations. Without reasonable suspicion for the 2
stop, he said, it was illegal, and so the evidence resulting from it could not be used 3
against him. 4
{5} The district court held a hearing on the motion. Officer Weaver testified at the 5
hearing, and a video recording of the incident taken from his patrol car’s dash camera 6
was played. The court withheld its decision until after the hearing, but ultimately 7
denied the motion. 8
DISCUSSION 9
{6} The denial of a motion to suppress presents us with a mixed question of fact 10
and law. State v. Martinez, 2018-NMSC-007, ¶ 8, 410 P.3d 186. Regarding 11
questions of fact, we defer to the district court’s factual findings, viewing them in 12
the light most favorable to the prevailing party, and upholding them if they are 13
supported by substantial evidence. See, e.g., id. ¶¶ 3, 8. “Substantial evidence is 14
relevant evidence that a reasonable mind might accept as adequate to support a 15
conclusion.” State v. Grubb, 2020-NMCA-003, ¶ 18, 455 P.3d 877 (internal 16
quotation marks and citation omitted). Where, as here, a district court in a 17
suppression hearing receives evidence in the form of both witness testimony and 18
video, “we must review the totality of the circumstances and must avoid reweighing 19
individual factors in isolation.” Martinez, 2018-NMSC-007, ¶ 12. 20
4
{7} We then review the application of the law to the facts supported by substantial 1
evidence de novo—in this case by “making a de novo determination of the 2
constitutional reasonableness of the . . . seizure.” Id. ¶ 8 (internal quotation marks 3
and citation omitted). We note, as relevant here, that there is no Fourth Amendment 4
or Article II, Section 101 violation when a police officer stops a driver whom the 5
officer reasonably suspects has violated a traffic law. See id. ¶¶ 10-11; see also State 6
v. Farish, 2018-NMCA-003, ¶ 16, 410 P.3d 239 (“Our obligation as a reviewing 7
court is to objectively judge the circumstances known to the officer to determine 8
whether from the circumstances a reasonable person would believe that criminal 9
activity occurred or was occurring.” (internal quotation marks and citation omitted)). 10
{8} On appeal, Defendant maintains that the evidence does not show that he 11
committed any of the traffic violations that Officer Weaver allegedly witnessed and 12
which served as the basis for the stop. Defendant also takes issue with the legal 13
conclusion—that the stop was supported by reasonable suspicion of impairment— 14
drawn by the district court in its order denying the motion. The district court found 15
as follows. 16
[U]nder the totality of the circumstances Officer Weaver had 17
reasonable suspicion to stop . . . Defendant’s vehicle. Officer Weaver 18
1Although Defendant cites Article II, Section 10, he does not argue that “the
New Mexico Constitution . . . require[s] more than a reasonable suspicion that the
law is being or has been broken to conduct a temporary, investigatory traffic stop[,]”
nor has our Constitution been interpreted to require such. Martinez, 2018-NMSC-
007, ¶ 10 n.1 (internal quotation marks and citation omitted).
5
observed, and the video of the incident confirms, that . . . Defendant 1
made a wide turn after leaving an intersection. Accordingly, it is 2
presumed that the tires cross over or straddle the double yellow line 3
painted on the roadway. The observed violation, in addition to the other 4
driving behavior observed by the officer, provided Officer Weaver with 5
reasonable suspicion that the driver of the vehicle was impaired. The 6
reasonable suspicion for the stop is a reasonable suspicion of 7
impairment, not because the officer observed three distinct crimes in 8
the officer’s presence. 9
Aside from contesting the evidence of traffic violations, Defendant argues that the 10
district court could not have found that Officer Weaver had reasonable suspicion of 11
impairment. That is, Defendant argues, if he did not commit the traffic violations 12
and otherwise did not drive in a way indicating impairment, then the court could not 13
have found reasonable suspicion to justify the stop. 14
{9} Before we reach the merits of Defendant’s first argument—that he committed 15
no traffic violation, we address his second argument—that the district court’s 16
reasonable suspicion of impairment conclusion was error. We need not consider 17
whether the evidence and law support the conclusion that there was reasonable 18
suspicion Defendant was committing DUI, an explanation not given by Officer 19
Weaver. This is because we uphold the district court’s ruling on alternative 20
grounds—i.e., that Officer Weaver had reasonable suspicion Defendant committed 21
a traffic violation. Cf. Farish, 2018-NMCA-003, ¶¶ 5, 16, 19 (holding that, under 22
the right for any reason doctrine, the defendant’s traffic stop was justified on a 23
statutory basis different from that relied on by the district court). There being 24
6
reasonable suspicion to support the initial stop, and Defendant making no claim that 1
the scope of the stop was unreasonably expanded into a DUI investigation, our 2
analysis is complete and we need not evaluate the district court’s conclusion that 3
there was reasonable suspicion of impairment. See State v. Neal, 2007-NMSC-043, 4
¶ 20, 142 N.M. 176, 164 P.3d 57 (observing that “a police officer making a lawful 5
stop may conduct an investigation reasonably related to the circumstances that gave 6
rise to the officer's reasons for the stop” and “[t]he officer may expand this 7
investigation if the officer has reasonable and articulable suspicion that other 8
criminal activity has been or may be afoot” (internal quotation marks and citation 9
omitted)). 10
{10} Having reviewed Officer Weaver’s testimony and the dash camera video, we 11
conclude that substantial evidence supports the finding that Defendant violated at 12
least one traffic law. Specifically, the evidence is sufficient to support the district 13
court’s finding that “Officer Weaver observed, and the video of the incident 14
confirms, that . . . Defendant made a wide turn after leaving an intersection[,]” a turn 15
that constituted a violation of Section 66-7-322. 16
{11} Section 66-7-322(A) requires a driver intending to turn at an intersection, both 17
on approach for the turn and in making the turn, to keep “as close as practicable to 18
the right-hand curb or edge of the roadway[.]” Defendant argues he did this. He 19
reasons as follows: the dash camera did not pick up the turn (and so it cannot be 20
7
relied on for evidence to disprove Defendant’s allegation); the turn “may have been 1
necessarily wide[] as a matter of physics”; and there were discrepancies in Officer 2
Weaver’s subsequent testimony about Defendant’s straddling the solid line (and so 3
his testimony about the turn should not be believed). 4
{12} Defendant’s arguments falter, and the district court’s finding prevails, for the 5
following reasons. First, as Defendant acknowledges, the video does not capture the 6
full turn. Its utility to Defendant is thus negligible at best. The video essentially 7
would have to “squarely contradict[]” Officer Weaver’s testimony for it to 8
undermine the district court’s finding, see Martinez, 2018-NMSC-007, ¶¶ 16-17, 9
and it does not. 10
{13} Second, to the extent that Defendant tries to defeat this testimony by offering 11
explanations why the turn was necessarily wide and offering reasons Officer Weaver 12
should not be believed, we disregard Defendant’s pleas. Inferences and evidence 13
contrary to the district court’s finding have no place in our analysis. See id. ¶ 15. 14
{14} Last, and importantly, Officer Weaver supplied substantial evidence that 15
Defendant’s turn was wider than necessary. He testified at the hearing that he pulled 16
Defendant over for, among other reasons, “making a wide right-hand turn.” He 17
added that the turn was “far from” being as close to the curb as possible, that he 18
recalled no observable reason to make such a wide turn, that Defendant’s car 19
straddled the solid line of the middle lane after the turn, and that when he made the 20
8
same turn, he was able to avoid such straddling and maintain his lane. We credit this 1
testimony, since it supports the district court’s conclusion that Defendant violated 2
Section 66-7-322(A). See Martinez, 2018-NMSC-007, ¶ 15 (presuming that the 3
district court, which found reasonable suspicion for a traffic violation-based stop, 4
credited an officer’s testimony that the defendant committed the violation). 5
{15} All in all, Officer Weaver’s testimony provides substantial evidence that 6
Defendant’s turn was not as close as practicable to the right-hand curb. We therefore 7
accept the district court’s finding that Defendant was seen to have committed a 8
traffic violation. The violation gave Officer Weaver reasonable suspicion to pull 9
Defendant over, and so the stop was reasonable under the Fourth Amendment and 10
Article II, Section 10. Accordingly, the district court’s denial of Defendant’s 11
suppression motion was proper. 12
CONCLUSION 13
{16} We affirm. 14
{17} IT IS SO ORDERED. 15
_________________________________ 16
KRISTINA BOGARDUS, Judge 17
1
WE CONCUR:
2
Conle 4. Vargas
3
JULIE J. VARGAS, Judge
4 5
SALA2
JENNIFER L. ATTREP, Judge
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