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1 STATE V. PRINCE, 2004-NMCA-127, 136 N.M. 521, 101 P.3d 332 STATE OF NEW MEXICO, Plaintiff-Appellee, v. KENNETH RAY PRINCE, Defendant-Appellant.
Docket No. 23, 657 COURT OF APPEALS OF NEW MEXICO 2004-NMCA-127, 136 N.M. 521, 101 P.3d 332 September 7, 2004, Filed APPEAL FROM THE DISTRICT COURT OF EDDY COUNTY, Jay W. Forbes, District Judge. Certiorari Granted, No. 28,908, November 9, 2004 Released for Publication November 24, 2004. COUNSEL Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellee. John B. Bigelow, Chief Public Defender, Jennifer R. Byrns, Assistant Appellate Defender, Santa Fe, NM, for Appellant. JUDGES

MICHAEL D. BUSTAMANTE, Judge. WE CONCUR: JONATHAN B. SUTIN, Judge, MICHAEL E. VIGIL, Judge. AUTHOR: MICHAEL D. BUSTAMANTE
OPINION

BUSTAMANTE, Judge. {1} While Defendant was detained for a speeding violation, narcotics agents arrived to conduct an unrelated drug investigation which led to his arrest for various drug charges. He entered a conditional guilty plea to the charges pending the outcome of this appeal from the district court's decision to deny his motion to suppress. Defendant argues that the State violated his constitutional right to be free from unreasonable searches and seizures on four grounds: (1) illegal investigatory detention, (2) unlawful Terry frisk, (3) pretext, and (4) consensual search was involuntary and tainted by the unlawful seizure. Defendant further asserts that in a motion to suppress, the State must show the officer's radar equipment was scientifically reliable. We hold that the investigatory detention for drugs was unlawful and that it tainted any evidence discovered thereafter. We reverse Defendant's conviction and remand to vacate the judgment and sentence.

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