testimony at the suppression hearing in New Mexico

2022See Aragon, 1999-NMCA-060, ¶ 10 . situation, Sena got out of his vehicle, drew his firearm, and ordered Defendant to come toward him. {6} Although Defendant initially complied with Sena’s commands, Defendant turned his back to Sena, dropped his hands, and began stuffing something in his pants.

2019See Vargas, 2008-NMSC-019, ¶ 18 (requiring police officers to announce presence and authority before entering).

2012See United States v. Carter, 360 F.3d 1235, 1242 (10th Cir. 2004) (holding that officers were not justified in conducting a protective sweep of the suspect’s garage and backyard incident to his arrest for possession of marijuana in the back yard because the government pointed to “no specific, articulable facts” suggesting that someone else was on the premises who posed a danger to the officers); Colbert, 16 F.3d at 778 (holding that an officer’s lack of information “cannotbe an articulable basis for a sweep that requires information to justify it in the first place”). {15} Our review of the te

1996See Whitfield, 939 F.2d at 1074-75 (cursory questioning by FBI agents insufficient to establish reasonable belief that defendant’s parent had authority to consent to search); United States v. Harris, 534 F.2d 95, 96-97 (7th Cir.1976) (police cannot rely on bald assertion of authority by third party when they are aware of facts casting doubt on that assertion). 19.

1996See Whitfield, 939 F.2d at 1074-75 (cursory questioning by FBI agents insufficient to establish reasonable belief that defendant’s parent had authority to consent to search); United States v. Harris, 534 F.2d 95, 96-97 (7th Cir.1976) (police cannot rely on bald assertion of authority by third party when they are aware of facts casting doubt on that assertion). 19.