Q: Can a New Mexico police officer stop & demand my ID while i am just walking on a sidewalk?
My son was walking home from work in Aztec, NM. He works at a local restaurant. It was 2am when he started walking home. Along the way he was stopped by two Aztec police officers that demanded ID. They told him if he didn't give up his full name and DOB he would be arrested for failure to ID. When he tried to use his phone to call me, they refused to let him - took his phone out of his hands and searched him for his wallet. After 20mins they let him go.
I have read that NM is a stop and ID state, however I see a case from the 10th Circuit Court of Appeals (No. 22-2046) Appeal from the United States District Court for the District of New Mexico (D.C. No. 2:20-CV-01060-JCH-GJF).
I just need to know if I can legally refuse to ID myself if I am not being suspected of a crime while in NM?
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