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1 STATE V. BRICKER, 2006-NMCA-052, 139 N.M. 513, 134 P.3d 800 STATE OF NEW MEXICO, Plaintiff-Appellee, v. JOHN BRICKER, Defendant-Appellant.
Docket No. 24,719 COURT OF APPEALS OF NEW MEXICO 2006-NMCA-052, 139 N.M. 513, 134 P.3d 800 March 16, 2006, Filed APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY, Gary Clingman, District Judge Certiorari Granted, No. 29,751, May 1, 2006. Released for publication May 16, 2006. COUNSEL Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, NM, for Appellee John Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Appellate Defender, Santa Fe, NM, for Appellant JUDGES JONATHAN B. SUTIN, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, IRA ROBINSON, Judge AUTHOR: JONATHAN B. SUTIN OPINION

SUTIN, Judge. {1} Defendant John Bricker appeals the denial of his motion to suppress evidence found in his wallet as he was being booked at the police station. He was taken to the police station after having been arrested for driving on a suspended license. The arresting officer observed Defendant driving and knew that Defendant's license had been suspended. After stopping Defendant, the officer confirmed that the license had been suspended. {2} We first address whether the custodial arrest was lawful. A New Mexico Statute requires a citation and release under the circumstances here. We hold that the custodial arrest was unlawful. We then address whether the unlawful custodial arrest was a constitutionally unreasonable seizure, requiring suppression of the evidence obtained from the search of Defendant's wallet. We hold that the seizure was unreasonable under the New Mexico Constitution and, therefore, the ensuing search during booking was unlawful and the evidence from the search should have been suppressed as the fruit of an unreasonable seizure. BACKGROUND

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