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1 STATE V. BOMBOY, 2007-NMCA-081, 141 N.M. 853, 161 P.3d 898 STATE OF NEW MEXICO, Plaintiff-Appellant, v. JAMES BOMBOY, a/k/a JAMES CHRISTOPHER BOMBOY, a/k/a JAMES CHRIS BOMBOY, Defendant-Appellee.
Docket No. 26,687 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-081, 141 N.M. 853, 161 P.3d 898 April 12, 2007, Filed APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY, Thomas J. Hynes, District Judge Certiorari Granted, No. 30,381, June 4, 2007. Released for publication July 10, 2007. COUNSEL Gary K. King, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Appellant Arlon L. Stoker, Farmington, NM, for Appellee JUDGES JONATHAN B. SUTIN, Chief Judge. WE CONCUR: CELIA FOY CASTILLO, Judge, CYNTHIA A. FRY, Judge (specially concurring). AUTHOR: JONATHAN B. SUTIN OPINION

SUTIN, Chief Judge. {1} Officers Postlewait and Briseno lawfully stopped Defendant James Christopher Bomboy for a license plate illumination violation and also based on reasonable suspicion that he was driving on a suspended license. No one but Defendant was in the vehicle. Officer Briseno saw a substance in Defendant's vehicle that he recognized as methamphetamine and told Officer Postlewait to arrest Defendant. Officer Postlewait removed Defendant from the vehicle, arrested him for possession of methamphetamine, handcuffed him, and placed him on a curb next to Defendant's vehicle. After the arrest, Officer Postlewait then reached into the vehicle through the open passenger window and seized the methamphetamine. Officer Briseno secured Defendant in the patrol unit. Afterwards, Officer Postlewait conducted an inventory search of the vehicle, during which the officer seized a digital scale, Defendant's wallet, and a cell phone. Defendant's vehicle was then towed. {2} At the suppression hearing, the officers did not articulate any exigent circumstances to

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