(concurring in the result).
{25} I agree with the majority’s conclusion that the evidence obtained as a result of the continued seizure of the Defendant at the border patrol checkpoint and subsequent search of his automobile is inadmissible in state court. Although I concur in the result, I do not concur in the majority’s reasoning. Primarily, I respectfully disagree that federal agents are subject to the provisions of the New Mexico Constitution. See Majority Opinion, ¶¶ 1, 5, 18, 21. By premising its analysis on the conclusion that the federal agent violated Article II, Section 10 of the New Mexico Constitution, I fear that the majority leads this Court into dangerous territory by interrupting the delicate balance between federal and state power. Consequently, I am concerned that such broad reasoning will undermine this Court’s decision in State v. Gomez, 1997-NMSC-006, 122 N.M. 777, 932 P.2d 1. Moreover, given the complex “New Federalism” issues raised by this case and the Court of Appeals’ imprecise application of the interstitial approach adopted by this Court in Gomez, this Court has an obligation to provide a clear and concise framework for analyzing federal and state constitutional issues. Accordingly, I write separately to explain my concerns with the majority opinion and to attempt to fully analyze this complex and controversial area of law.
I.
{26} The majority holds that the evidence in this case is inadmissible in state court pursuant to the New Mexico Constitution. The majority supports this holding by concluding that federal border patrol agent Arredondo violated Article II, Section 10 of the New Mexico Constitution when he prolonged the Defendant’s detention without reasonable suspicion. See Majority Opinion, ¶ 21. In reaching this conclusion, the majority has promulgated new law in New Mexico with little justification. Essentially, they have expanded the state action requirement of Article II, Section 10 to encompass the actions of federal agents who exercise federal authority within the boundaries of a permanent border patrol checkpoint — a wholly federal enclave. I question the majority’s authority to pronounce such a broad rule, particularly in the face of such compelling issues of federal supremacy.
{27} The New Mexico Constitution does not apply to federal agents and, as such, the federal agent in this case could not have violated Article II, Section 10 of the New Mexico Constitution. “Constitutions provide the framework to ‘constitute’ a government.” State v. Snyder, 1998-NMCA-166, ¶28, 126 N.M. 168, 967 P.2d 843 (Hartz, C.J., specially concurring); see also Gregory v. Ashcroft, 501 U.S. 452, 457, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991) (“The Constitution created a Federal Government of limited powers.”); Jaksha v. State, 241 Neb. 106, 486 N.W.2d 858, 863 (1992) (“A state constitution is the supreme written will of the people of a state regarding the framework for their government and is subject only to the limitations found in the federal Constitution.”). The provisions of a constitution, therefore, relate only to the sovereign government that is the subject of that constitution, and a Bill of Rights provision contained within a state constitution serves to “protect against abuse of power by that sovereign.” Snyder, 1998-NMCA-166, ¶ 28, 126 N.M. 168, 967 P.2d 843, (Hartz, C.J., specially concurring); see also Barron v. Mayor of Baltimore, 32 U.S.(7 Pet.) 243, 247, 8 L.Ed. 672 (1833) (“[T]he limitations on power, if expressed in general terms, are naturally ... applicable to the government created by the instrument. They are limitations of power granted in the instrument itself; not of distinct governments, framed by different persons and for different purposes.”). For example, the provisions of the Fourth Amendment to the United States Constitution, which applies only to the federal government, ensures “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The federal prohibition against unlawful searches and seizures is enforceable against the states only through the Due Process Clause of the Fourteenth Amendment which provides that “No State shall ... deprive any person of life, liberty, or property, without due process of law.”1 U.S. Const, amend. XIV, § 1; see also Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) (“Since the Fourth, Amendment’s right to privacy has been declared enforceable against the States through the Due Process Clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the Federal Government.”). Similarly, the state prohibition against unlawful searches and seizures cannot reach federal conduct absent a comparable provision found within the state constitution. See, e.g., State v. Mollica, 114 N.J. 329, 554 A.2d 1315, 1327 (1989) (“Stated simply, state constitutions do not control federal action.”). Because the New Mexico Constitution neither has nor can have a provision comparable to the Due Process Clause of the Fourteenth Amendment, the State has no method to extend the reach of Article II, Section 10, to federal action.
{28} Additionally, the authority cited by the majority does not support the proposition that federal agents are subject to the mandates of state constitutions. As support for its conclusion, the majority cites Snyder, 1998-NMCA-l66, ¶11, 126 N.M. 168, 967 P.2d 843, and State v. Davis, 313 Or. 246, 834 P.2d 1008, 1012 (Or.1992). See Majority Opinion, ¶ 18. These eases, I submit, do not stand for the proposition that federal agents are subject to state constitutions and laws. To the contrary, both opinions go to great lengths to clarify that they do not intend to apply their state constitution to federal or foreign agents. For instance, in Snyder, Judge Armijo, writing for the majority and citing the federal and state supremacy clauses, stated, “We agree that state law generally does not govern the conduct of féderal agents.” 1998-NMCA-166, ¶10, 126 N.M. 168, 967 P.2d 843. Instead, the Snyder decision is based on the fact that the evidence obtained is being used in a state court by the state prosecution.
[T]he question arises in a New Mexico state court in response to the State’s prosecution of Defendant for violating one of New Mexico’s criminal statutes. We determine that the State’s ability to use the evidence at issue in this case in the courts of the State of New Mexico is governed by the exclusionary rule under Article II, Section 10 of the New Mexico Constitution.
Id. ¶ 11 (emphasis added). Similarly, in Davis the Oregon Supreme Court held:
If the government seeks to rely on evidence in an Oregon criminal prosecution, that evidence must have been obtained in a manner that comports with the protections given to the individual by Article I, section 9, of the Oregon Constitution. It does not matter where that evidence was obtained (in-state or out-of-state), or what governmental entity (local, state, federal, or out-of-state) obtained it; the constitutionally significant fact is that the Oregon government seeks to use the evidence in an Oregon criminal prosecution. Where that is true, the Oregon constitutional protections apply.
834 P.2d at 1012-13 (third emphasis added). The holding of Davis is distorted by omitting that the Oregon Supreme Court’s decision was based on “the constitutionally significant fact ... that the Oregon government seeks to use the evidence in an Oregon criminal prosecution.” Id. (emphasis added); see Majority Opinion, ¶ 18. Contrary to the majority’s characterization of Snyder and Davis, the courts in both eases do not impose the mandates of their state constitution on federal or foreign agents; instead, they focus on the state actors that are seeking to introduce the evidence seized and the forum where the evidence is sought to be used. Therefore, these cases provide no authority for the majority’s holding.
{29} Moreover, I have found no federal precedent that allows the provisions of a state constitution to apply to federal action and, in fact, such a holding violates principles of federalism and federal supremacy. The United States Supreme Court, for example, has expressed a limitation on state power in controlling federal action in the context of a civil action. See Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 395, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). In Bivens, the Supreme Court stated that “just as state law may not authorize federal agents to violate the Fourth Amendment [citations omitted], neither may state law undertake to limit the extent to which federal authority can be exercised.” Id. “In its sphere of activity the federal law is sovereign, and insofar as it establishes minimum standards it is paramount.” Barry Latzer, The New Judicial Federalism and Criminal Justice: Two Problems and a Response, 22 Rutgers L.J. 863, 884 (1991). As stated by the majority, the federal agents in this case acted in conformity with the federal Constitution and therefore did not violate federal law. See Majority Opinion, ¶¶ 5, 9. By mandating that the federal agents also conform to Article II, Section 10 of the New Mexico Constitution, however, the majority is making illegal what federal law makes legal for federal agents. Such a result may violate the Supremacy Clauses of both the United States and New Mexico Constitutions.2 See U.S. Const, art. VI, cl. 2 (“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby....”); N.M. Const, art. II, § 1 (“The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land.”). Finally, the State of New Mexico has no power to enforce violations of Article II, Section 10 against federal officers. See Snyder, 1998-NMCA-166, ¶32, 126 N.M. 168, 967 P.2d 843 (Hartz, C.J., specially concurring) (“[I]t is highly unlikely that federal officers would change their conduct to comply with state laws.”).
{30} The majority simply disregards any potential supremacy or federalism issues raised by the extension of the New Mexico Constitution to federal action by asserting that applying state constitutional standards to federal action, “will not affect any prosecution that might be brought against Defendant in federal court, or otherwise circumscribe federal activities within our borders.” Majority Opinion, ¶ 19. However, despite the majority’s contentions that them holding will only affect the exclusion of evidence seized by federal agents in New Mexico courts, the majority is not merely promulgating a rule of evidence, but creating a state constitutional right. Simply because the majority cannot articulate a cognizable consequence of applying the state constitution to federal action, does not excuse the fact that the majority is infringing upon federal sovereignty. Individuals now have a fundamental right under Article II, Section 10, to be free from unreasonable search and seizure by state, as well as, federal officials. Federal agents who do not abide by the mandates of Article II, Section 10, violate the fundamental substantive rights of the individual who passes through the border patrol checkpoint. Therefore, although the majority claims that it does not “pretend to possess [the] authority” to make illegal what federal law makes legal, they are, in fact, doing just that. Majority Opinion, ¶ 19.
{31} Additionally, the majority assumes that there will be no other consequences for a violation of these fundamental rights other than suppression of the evidence in state court. Under this analysis, the majority dismisses the possibility of a civil remedy that may be available to individuals, especially those not engaged in criminal activity, whose state constitutional rights are violated by federal agents. Individuals whose state constitutional rights have been violated by federal agents could invoke the judicial process, claiming entitlement under Article II, Section 10, and seek compensation for injuries resulting from lawless federal behavior. See, e.g., Bivens, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (holding that an individual may bring a private cause of action under the Fourth Amendment, even in the absence of statutory authority, and is entitled to recover money damages for any injuries he has suffered as a result of a federal agent’s violation of the Fourth Amendment). Therefore, I believe that the majority’s application of Article II, Section 10, to the actions of federal agents at federal border patrol checkpoints, implicates serious issues of supremacy and federalism. For these reasons, I respectfully disagree with the majority’s conclusion that federal agents are subject to the New Mexico Constitution.
II.
{32} In addition to questioning the majority’s authority to hold that federal agents are subject to the provisions of our state constitution, this broad holding also undermines this Court’s decision in Gomez, 1997-NMSC-006, 122 N.M. 777, 932 P.2d 1. Gomez provided the analytical framework for a New Mexico court’s departure from federal jurisprudence based on independent state constitutional interpretation, or “New Federalism.” “New Federalism” is “the expression of state courts’ increasing tendency to interpret their constitutions to provide individuals with greater rights than those guaranteed by the United States Constitution.” James W. Diehm, New Federalism and Constitutional Criminal Procedure: Are We Repeating the Mistakes of the Past?, 55 Md. L.Rev. 223, 224 (1996). “New Federalism” was articulated by former Justice Brennan who urged states to depend on their own state constitutional guarantees rather than to rely automatically on the United States Supreme Court to interpret the scope of liberties that should be afforded to individuals within théir state. See William J. Brennan, Jr., State Constitutions and the Protection of Individual Rights, 90 Harv. L.Rev. 489, 491 (1977). The former Justice emphasized:
State constitutions, too, are a font of: individual liberties, them protections often extending beyond those required by the Supreme Court’s interpretation of federal law. The legal revolution which has brought federal law to the fore must not be allowed to inhibit the independent protective force of state law — for without it, the full realization of our liberties cannot be guaranteed.
Id.; see also PruneYard Shopping Ctr. v. Robins, 447 U.S. 74, 81, 100 S.Ct. 2035, 64 L.Ed.2d 741 (1980) (concluding that each state has the “sovereign right to adopt in its own Constitution individual liberties more expansive than those conferred by the Federal Constitution”). For several years prior to and after Justice Brennan’s call to action, “the New Mexico Constitution was interpreted in ‘lock-step’ with federal precedent interpreting the United States Constitution when parallel provisions were involved.” Gomez, 1997-NMSC-006, ¶ 16, 122 N.M. 777, 932 P.2d 1. Essentially, the New Mexico Constitution was not independently interpreted and our constitutional jurisprudence mirrored that of the federal constitution.3
{33} Then, in 1989, this Court in State v. Cordova, 109 N.M. 211, 217, 784 P.2d 30, 36 (1989), departed from federal constitutional precedent by retaining the “veracity” and “basis of knowledge” tests articulated in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), to govern the determination of probable cause for the issuance of a search warrant, instead of the later “totality of the circumstances” test adopted by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Even after Cordova, however, New Mexico courts lacked a consistent analytical framework to assist in determining when and how state courts should analyze issues under the federal Constitution and when such issues should be analyzed pursuant to the New Mexico Constitution.4 Accordingly, the purpose of this Court’s decision in Gomez was to resolve any conflict in our ease law and to provide a concise analytical tool to decide such issues.
{34} Gomez provided a methodological approach to the resolution of parallel federal and state constitutional claims. In Gomez, this Court addressed whether a warrantless search of an automobile and closed containers found within was lawful absent exigent circumstances. 1997-NMSC-006, ¶ 46, 122 N.M. 777, 932 P.2d 1. Under the federal automobile exception, a warrantless search of an automobile only required probable cause with no showing of exigent circumstances. See United States v. Ross, 456 U.S. 798, 809, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982). The defendant sought greater protection under Article II, Section 10 of the New Mexico Constitution, arguing that the warrantless search of his vehicle was invalid because there were no exigent circumstances to justify the police officer’s failure to obtain a warrant. See Gomez, 1997-NMSC-006, ¶ 2, 122 N.M. 777, 932 P.2d 1. To resolve the issue, this Court evaluated the primacy and interstitial approach to independent constitutional interpretation. See id. ¶ ¶ 18-20. Under the primacy approach, “ ‘[i]f a defendant’s rights are protected under state law, the court need not examine the federal question. If a defendant’s rights are not protected under state law, the court must review the matter in light of the federal constitution.’ ” Id. ¶ 18 (quoting Shirley S. Abrahamson, Criminal Law and State Constitutions: The Emergence of State Constitutional Law, 63 Tex. L.Rev. 1141, 1170 (1985)). “Courts using this approach do not consider federal law and analysis presumptively valid, viewing them instead as no more persuasive than decisions of sister state supreme courts.” Robert F. Utter & Sanford E. Pitler, Presenting a State Constitutional Argument: Comment on Theory and Technique, 20 Ind. L.Rev. 635, 647 (1987). This Court rejected the primacy approach because it did not adequately “ ‘preserve national uniformity in development and application of fundamental rights guaranteed by our state and federal constitutions.’ ” Gomez, 1997-NMSC-006, ¶21, 122 N.M. 777, 932 P.2d 1 (quoting State v. Gutierrez, 116 N.M. 431, 436, 863 P.2d 1052, 1057 (1993)). The interstitial approach, on the other hand, effectively advances this goal and, therefore, this Court adopted that approach. See id.
{35} The interstitial approach “reflects the modern role of the U.S. Constitution as the basic protector of fundamental liberties, while allowing states the opportunity to supplement the minimum protections afforded by the U.S. Constitution.” Jennifer Cuteliffe Juste, Constitutional Law — The Effect of State Constitutional Interpretation on New Mexico’s Civil and Criminal Procedure— State v. Gomez, 28 N.M. L.Rev. 355, 359 (1998) (internal quotation marks and footnote omitted). Unlike the primacy approach, the interstitial approach considers federal precedent “highly persuasive and presumptively correct.” Id. This presumption, however, is not irrefutable. New Mexico can depart from federal constitutional principles when required by compelling reasons. See Gomez, 1997-NMSC-006, ¶19, 122 N.M. 777, 932 P.2d 1. Therefore, under the interstitial approach, the court first determines “whether the right being asserted is protected under the federal constitution.” Id. If the federal Constitution protects the right being asserted, then the state constitutional claim is not reached. See id. The state constitution is examined only if the federal Constitution does not provide protection. See id. A state court “may diverge from federal precedent for three reasons: a flawed federal analysis, structural differences between state and federal government, or distinctive state characteristics.”5 Id. In adopting this approach, this Court recognized that, “ ‘[A] considerable measure of cooperation must exist in a truly effective federalist system.’ ” Id. ¶ 21 (quoting State v. Hunt, 91 N. J. 338, 450 A.2d 952, 964 (1982) (Handler, J., concurring)). Accordingly, “‘state courts should be sensitive to developments in federal law.’” Id. The interstitial approach, therefore, maintains a balance between state autonomy and federal cooperation.
{36} The majority’s holding in this case that the New Mexico Constitution applies to actions of federal agents conflicts with the underlying constitutional policy of New Mexico pronounced in Gomez. By concluding that the New Mexico Constitution directly governs federal action, the majority does not advance national uniformity and respect for federal constitutional precedent. Instead, New Mexico constitutional law becomes the primary source of individual rights. Federal power is summarily dismissed, making the New Mexico Constitution supreme with little consideration of federal authority. Gomez was meant to provide some consistency to independent state constitutional interpretation while advancing the orderly development of state constitutional law. These goals, however, were meant to be achieved with some deference to federal law, not with contempt for federal constitutional concerns. The majority’s Gomez analysis is perfunctory since it does not follow the spirit of cooperation upon which Gomez was decided. Moreover, the underlying policies and “New Federalism” issues triggered in Gomez are complex and have energized great discussion. Unfortunately, the majority’s failure to address the Court of Appeals’ misapplication of the interstitial approach in resolving this ease provides little guidance to our lower courts and thereby contributes to Gomez ’s misuse and misunderstanding. In the following section, I will analyze the instant ease under Gomez and indicate where I disagree with the majority’s reasoning and where I believe the Court of Appeals’ erred in its analysis.
III.
{37} To resolve this issue, the Court must preliminarily determine whether a Gomez analysis is appropriate in this case. A Gomez analysis is appropriate in a criminal case when a defendant contends that his or her rights were violated in contravention of the federal Constitution and the state constitution. 1997-NMSC-006, ¶¶ 22-23. In such cases, the party must assert in the trial court that the state constitutional right should be interpreted more expansively than the federal counterpart and preserve the issue for appellate review. See id. ¶ 23. Here, I agree with the majority that the Defendant adequately raised and preserved for review the federal and state constitutional issues, thereby triggering a Gomez analysis. See Majority Opinion, ¶¶ 11-13.
A.
{38} After determining that Gomez is applicable, the Court must then address whether the right being asserted by the Defendant is protected under the federal Constitution. 1997-NMSC-006, ¶33, 122 N.M. 777, 932 P.2d 1. Here, the Defendant argues that his Fourth Amendment right to be free from unlawful search and seizure was violated because: (1) the border patrol agent referred him to secondary inspection without adequate justification, thereby unlawfully prolonging his detention; (2) his consent to search his vehicle was not voluntary since it was a product of an unlawful detention; and (3) even assuming that his consent was voluntary, the dismantling of his vehicle exceeded the scope of his consent. This case turns on the Defendant’s first argument — the referral to secondary inspection. In analyzing whether the Defendant is protected under the federal Constitution, the Court should follow precedent established by the federal courts. See Snyder, 1998-NMCA-166, ¶ 9, 126 N.M. 168, 967 P.2d 843.
{39} The critical federal case with respect to permanent border patrol checkpoints is United States v. Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). In Martinez-Fuerte, motorists were slowed and visually screened as they passed through a permanent border checkpoint located within California’s borders. See id. at 546, 96 S.Ct. 3074. In a small number of cases, the border patrol agent conducting the visual inspection would refer some cars to a secondary inspection area where their occupants would be asked about their citizenship and immigration status. See id. The Court recognized that “checkpoint stops are ‘seizures’ within the meaning of the Fourth Amendment.” Id. at 556. Generally, a warrantless search and seizure is per se unreasonable under the Fourth Amendment unless justified by an exception to the general rule. See Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507,19 L.Ed.2d 576 (1967). Therefore, the Court considered “whether a vehicle may be stopped at a fixed checkpoint for brief questioning of its occupants even though there is no reason to believe the particular vehicle contains illegal aliens,” thereby creating an exception to the warrant requirement. Martinez-Fuerte, 428 U.S. at 545, 96 S.Ct. 3074. Balancing the interests of the government with the minimal intrusion on the privacy of the motorists, the Court held that, “stops for brief questioning routinely conducted at permanent checkpoints are consistent with the Fourth Amendment and need not be authorized by [a] warrant.” Id. at 566. The Court further noted that, “[t]he principal protection of Fourth Amendment rights at checkpoints lies in appropriate limitations on the scope of the stop.” Id. at 566-67 (emphasis added). Thus, the Fourth Amendment is not automatically violated simply because a motorist is referred to a secondary inspection area to conduct a routine inquiry. See id. at 563, 96 S.Ct. 3074. In fact, the Court noted that “the Border Patrol officers must have wide discretion in selecting the motorist to be diverted for the brief questioning involved.” Id. at 563-64, 96 5.Ct. 3074. Therefore, under federal law the relevant inquiry focuses on the scope and not the location of a permissible routine inquiry to determine the constitutionality of a detention at a fixed border checkpoint.
{40} The Court in Martinez-Fuerte did not define the outer most limits of the permissible scope of an agent’s initial routine inquiry. In keeping with the spirit of Martinez-Fuerte, however, the Tenth Circuit has held that a permissible routine inquiry includes questions “ ‘concerning such things as vehicle ownership, cargo, destination, and travel plans ... if reasonably related to the agent’s duty to prevent the unauthorized entry of individuals into this country and to prevent the smuggling of contraband.’ ” United States v. Chavira, 9 F.3d 888, 889 (10th Cir.1993) (quoting United States v. Rascow-Ortiz, 994 F.2d 749, 752 (10th Cir. 1993)) (emphasis omitted). Additionally, “[t]he Fourth Amendment does not require police officers to close their eyes to suspicious circumstances.” United States v. Johnson, 895 F.2d 693, 696 (10th Cir. 1990) (citing Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972)). Therefore, suspicious circumstances may also justify a brief detention for further questioning. See Chavira, 9 F.3d at 889. “[I]f questioning reasonably related to immigration and customs matters and the agent’s observations indicates suspicious circumstances, further questioning os part of the routine permanent checkpoint inquiry is permissible as long as the duration of the detention remains brief.”6 United States v. Ludlow, 992 F.2d 260, 264 (10th Cir.1993) (emphasis added). Moreover, when the federal agent is in the process of performing a routine inquiry, a referral to secondary inspection is legally immaterial. See id. at 263-64; see also Martinez-Fuerte, 428 U.S. at 562-63, 96 S.Ct. 3074. “[A] routine checkpoint inquiry may properly take place at a primary inspection area, a secondary inspection area, or both as long as the scope of the inquiry is appropriate.” Ludlow, 992 F.2d at 263-64 (emphasis added) (footnote omitted). Accordingly, no individualized suspicion is necessary to refer a motorist to a secondary inspection area if the agent remains within the permissible scope of the routine inquiry. See id. at 263; United States v. Sanders, 937 F.2d 1495, 1499 (10th Cir.1991).
{41} Under federal law, therefore, the analysis does not focus on the referral to secondary inspection, but on the scope of the agent’s inquiry. Here, the agent testified that he grew suspicious of the Defendant because, although the Defendant was a legal resident and purportedly coming from El Paso, he was driving a truck with Mexican license plates. Also, the Defendant was driving on an indirect route to Albuquerque to pick up an inoperable car by himself, at night, without a tow bar. These facts reasonably aroused the agent’s suspicions which allowed him to broaden the scope of his initial inquiry under federal law. See Chavira, 9 F.3d at 889 (concluding that the agent’s suspicions were reasonably aroused when the defendant stated that he was en route to Oklahoma to buy ears but was driving alone and did not appear to be carrying a tow bar). Accordingly, pursuant to the Fourth Amendment, the border patrol agent in this case acted lawfully in expanding the scope of the initial routine inquiry. It was of no significance that the agent chose to complete the inquiry at a secondary inspection area.7
B.
{42} Despite this federal precedent, the Court of Appeals purportedly resolved this ease pursuant to the Fourth Amendment alone, not reaching the state constitution. The comb held that the “Defendant’s removal from the primary area to the secondary area was an unlawful extension of his detention because the federal agent met neither Tenth Circuit nor New Mexico case law requirements of suspicious circumstances or reasonable suspicion respectively.” Cardenas-Alvarez, 2000-NMCA-009, ¶ 21, 128 N.M. 570, 995 P.2d 492. The comb’s decision was apparently “not premised on the application of a stricter standard under our own state constitutional provisions” but instead was based on their “application of both federal and [New Mexico] case law under the Fourth Amendment of the United States.” Id. ¶ 24. I disagree with this analysis. Although the Court of Appeals purported to interpret the Fourth Amendment, they did so by departing from United States Supreme Court precedent, as well as Tenth Circuit case law. See id. ¶ 32 (Sutin, J., dissenting). New Mexico combs do not have the authority to depart from United States Supreme Court precedent by providing greater protection under the Fourth Amendment. See Arizona v. Evans, 514 U.S. 1, 9, 115 S.Ct. 1185, 131 L.Ed.2d 34 (1995) (recognizing that the United States Supreme Court is the final arbiter of the federal Constitution). By pronouncing a rule that provides greater protection to individuals than the Fourth Amendment mandates, New Mexico courts are providing a different state standard. Such a state standard could only be affirmed pursuant to the authority given to New Mexico combs by the New Mexico Constitution. Therefore, the Court of Appeals applied a different state standard without performing a complete interstitial analysis under Gomez.8 Having concluded that the federal Constitution does not provide the Defendant with protection and that the Court of Appeals impermissibly expanded the protections afforded to the Defendant under the Fourth Amendment, in the following section I will analyze this case under Article II, Section 10 of the New Mexico Constitution and highlight the fine distinction between federal and state ease law.
IV.
{43} First, for the Defendant to benefit from the protections of our constitution, there must be sufficient state action to trigger the New Mexico Constitution. This is the most problematic aspect of this ease since the search and seizure challenged by the Defendant was performed by federal and not state agents. I do not agree with the majority that our state constitution is implicated only if it controls the actions of federal agents. I believe, as more fully detailed below, that the constitutionally significant fact is that the state prosecutor is attempting to use the evidence seized against the defendant in the prosecution for a violation of a state statute in a state court. The issue in this case is not whether the New Mexico Constitution applies to federal agents, but whether New Mexico’s constitutional standards govern the admissibility of evidence resulting from a search by federal agents in New Mexico and turned over to state authorities for use in a criminal proceeding under New Mexico law in a New Mexico court. I believe that our state constitution governs the admissibility of such evidence in our state courts.
A.
{44} Before analyzing the instant ease under Article II, Section 10 of the New Mexico Constitution, there must be a threshold determination as to whether the protections of the New Mexico Constitution are implicated. In order to invoke the protections of our state constitution, there must be some “state action.” See State v. Johnston, 108 N.M. 778, 780, 779 P.2d 556, 558 (Ct.App.1989) (holding that like the provisions of the Fourth Amendment, Article II, Section 10 does not apply to private persons). “State action ... refers to exertions of state power in all forms.” Shelley v. Kraemer, 334 U.S. 1, 20, 68 S.Ct. 836, 92 L.Ed. 1161 (1948). For instance, state action “includes action of state courts and state judicial officials.” Id. at 18, 68 S.Ct. 836. In the present ease, the state prosecutor used the evidence obtained by the federal border patrol agents to get a conviction in a New Mexico district court for a violation of a New Mexico law, NMSA1978, § 30-31-22 (1990). As the Oregon Supreme Court pronounced in Davis, 834 P.2d at 1012-13, and as recognized in Snyder, 1998-NMCA-166, ¶ 11, 126 N.M. 168, 967 P.2d 843 the constitutionally significant fact is that the New Mexico government sought to use and did, in fact, use the evidence in a New Mexico prosecution. Although there was no state action at the time the search was conducted because state agents were not involved in the federal investigation, state action occurred when the State filed charges against the Defendant and sought to convict him with evidence seized by federal border patrol agents. Since the Defendant is being tried for a crime defined by New Mexico penal law, there is no reason why he should not also be afforded the benefit of our state’s search and seizure provisions. See People v. Griminger, 71 N.Y.2d 635, 529 N.Y.S.2d 55, 524 N.E.2d 409, 412 (1988). Therefore, state action exists which triggers the New Mexico Constitution, when the State seeks to introduce evidence obtained by federal agents in a New Mexico state court.9
{45} State constitutional principles do not apply, however, when the State seeks to use evidence obtained by private citizens. A federal border patrol agent, who exercises jurisdiction over the citizens of New Mexico, is fundamentally unlike a private actor because they act under a “cloak of authority.” Unlike private actors, federal agents' have the authority to implement permanent border patrol checkpoints and order individuals to stop, answer questions, and produce documentation. See generally Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116. Federal agents also have the power to arrest. When individuals are forced to stop and be questioned by governmental authority, the invasion to their right to privacy and freedom of movement is compromised, regardless of which governmental entity is actually exerting its power — state or federal. Therefore, there is a fundamental difference between federal border patrol agents and private persons. As such, evidence obtained from government agents should be treated differently than evidence obtained from private 'actors. Because the evidence in this case was obtained by federal agents, the New Mexico Constitution determines the admissibility of the evidence in state court.
B.
{46} Having established that the New Mexico Constitution is triggered in this case because the State seeks to use evidence obtained by federal agents, the Court must next determine whether the state constitution provides protection to the Defendant. See Gomez, 1997-NMSC-006, ¶ 19, 122 N.M. 777, 932 P.2d 1. If the Court determines that the state constitution should provide greater protection to the Defendant, the Court must justify such a departure from federal constitutional precedent. See id.
{47} It is evident from cases pertaining to the issue of border patrol checkpoints, in both New Mexico and federal courts, that the present case is not easily resolved. It is difficult to determine what, if any, distinction there is between New Mexico and federal ease law. New Mexico and federal cases are quite similar in resolving the extent of a permissible detention at a fixed border checkpoint within our state’s boundaries. For instance, like New Mexico, federal law requires that “[further detention of an individual beyond the scope of a routine checkpoint stop must be based upon reasonable suspicion, consent, or probable cause.” United States v. Massie, 65 F.3d 843, 848 (10th Cir.1995) (emphasis added); see also State v. Estrada, 111 N.M. 798, 799, 810 P.2d 817, 818 (Ct.App.1991) (“At motor vehicle checkpoints, travelers are constitutionally subject only to brief questioning and limited visual inspection of their vehicles. More extensive detention must be based on some degree of individualized, suspicion or consent.”). Additionally, New Mexico cases have agreed that the permissible scope of an initial routine inquiry includes “questions regarding citizenship of the vehicle’s occupants or a suspicion of criminal activity.” Estrada, 111 N.M. at 799, 810 P.2d at 818 (emphasis added). New Mexico eases even purport to distinguish between diversion to secondary for the purpose of completing the routine inquiry and diversion to secondary after the routine questioning and investigation has been completed. See id. (distinguishing federal cases that required less than reasonable suspicion because “[r]eferral to a secondary area [in those cases occurred] only after suspicions were raised by circumstances revealed during the initial questioning”).
{48} Despite the fact that New Mexico eases appear to agree with federal eases, New Mexico courts place legal significance on an agent’s referral of a motorist to secondary inspection.10 For example, in Estrada> the defendant and his passenger were stopped at the primary area of a fixed border checkpoint and questioned about their citizenship. Id. at 798, 810 P.2d at 817. They both produced immigration documents. See id. Although they did not display any unusual behavior, the border patrol agent noticed that the spare tire in the rear of the station wagon was out of place and, based on this, referred the defendant to a secondary area. See id. The court found that the diversion to secondary was not proper stating, “Although the agent’s observation regarding the spare tire could justify further questioning, it could not justify the additional detention here.” Id. at 802, 810 P.2d at 821; see also State v. Guzman, 118 N.M. 113, 117, 879 P.2d 114, 118 (Ct.App.1994). Under Estrada, therefore, had the officers merely questioned the defendant about the spare tire at primary inspection, the detention would be constitutional. However, upon referral to secondary the routine inquiry was complete and further detention required reasonable suspicion. See Estrada, 111 N.M. at 800-01, 810 P.2d at 819-20 (“Once the routine questioning and inspection were completed, further detention had to be based on at least reasonable suspicion of criminal activity.”). By presumptively terminating the initial inquiry, New Mexico courts consider the mere referral to secondary as legally significant. See, e.g., Cardenas-Alvarez, 2000-NMCA-009, ¶10, 128 N.M. 570, 995 P.2d 492 (citing State v. Affsprung, 115 N.M. 546, 550, 854 P.2d 873, 877 (Ct.App.1993)) (“[Mjovement to a secondary area is considered detention beyond a reasonable inquiry.”).11
{49} Therefore, in the context of a border patrol checkpoint seizure, unlike federal law, New Mexico law considers a referral to secondary as presumptively terminating the initial routine inquiry, thereby requiring that an officer have reasonable suspicion before ordering an individual from primary to secondary inspection. See Estrada, 111 N.M. at 802, 810 P.2d at 821; Guzman, 118 N.M. at 117, 879 P.2d at 118. I agree that in the present case, the facts identified by the agent to be “suspicious” did not rise to the level of reasonable suspicion under Article II, Section 10 of the New Mexico Constitution. Accordingly, had a state agent referred the Defendant to secondary under the same circumstances, the prolonged detention would be unlawful. In this case, however, it is not enough to simply conclude that the state constitution would provide greater protection to the Defendant than the federal Constitution. See Gomez, 1997-NMSC-006, ¶ 19, 122 N.M. 777, 932 P.2d 1. Since both Estrada and Guzman were decided prior to Gomez, we should conduct a complete Gomez analysis to ensure that these pre-Gomez eases had a sufficient justification for the departure from federal precedent.12 Unfortunately, the majority forgoes this essential step in the Gomez analysis by simply concluding that prior New Mexico cases analyze border patrol checkpoint seizures differently than federal case law. See Majority Opinion, ¶ 16. Under Gomez, however, a distinct approach in New Mexico case law does not justify a departure from federal constitutional precedent. A complete Gomez analysis requires that this Court must justify a departure from federal precedent by determining that either: (1) the federal analysis is flawed; (2) there exist structural differences between the state and federal government; or, (3) there exist distinctive state characteristics. 1997-NMSC-006, ¶ 19, 122 N.M. 777, 932 P.2d 1 (emphasis added).
{50} Due to the complexity of Gomez, it is helpful to first illustrate situations which justify departure under these criteria. The first criteria justifying departure from federal precedent is illustrated in Gomez. Gomez provides an example for departing from federal precedent due to a flawed federal analysis. Id. ¶44. In Gomez, this Court concluded that the reasoning underlying the automobile exception, which only requires probable cause to search a vehicle, is impractical because if “there is no reasonable basis for believing an automobile will be moved or its search will otherwise be compromised by delay,” then there is no reason for not obtaining a warrant. Id. (emphasis in original.). The New Mexico Constitution, therefore, justifiably provides greater protection to individuals in their vehicles by mandating that an officer obtain a warrant to search an automobile unless there are probable cause and exigent circumstances to justify the warrantless search. See id. ¶ 46. Moreover, as a second justification for departure, we recognized that the United States Supreme Court’s blanket adoption of a bright-line rule, such as the automobile exception, caused tension in the Supreme Court’s pronouncements which disavowed bright-line rules in favor of “ ‘emphasizing the fact-specific nature of the reasonableness inquiry.’” Id. ¶45 (quoting Ohio v. Robinette, 519 U.S. 33, 34, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996)). The United States Supreme Court has realized the importance of recognizing the “endless variations in the facts and circumstances implicating the Fourth Amendment.” Id. (quoting Robinette, 519 U.S. at 39) (internal quotation marks omitted). Contrary to this recognition, the Supreme Court adopted the automobile exception, a bright-line rule which does not allow consideration of such factual variations. See id. As such, this Court in Gomez found that the analysis underlying the federal automobile exception was flawed and chose to depart from such precedent.
{51} The second criterion, “structural differences between the state and federal government,” justifies a departure from federal precedent when there are specific textual differences between the state constitution and the federal Constitution. See State v. Woodruff, 1997-NMSC-061, ¶25, 124 N.M. 388, 951 P.2d 605. In Woodruff, this Court held that Article II, Section 14 of the New Mexico Constitution contained no structural differences compelling departure from the United States Constitution. Id. In reaching this conclusion this Court compared Article II, Section 14 of the New Mexico Constitution with Article I, Section 14 of the Hawaii Constitution. See id. The Hawaii Constitution states, “The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment.” Compare H.I. Const, art. I, § 14 with U.S. Const., amend VI (“In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence.”). Unlike the New Mexico Constitution, Hawaii’s constitutional provision proteeting the right to counsel is textually different from the Sixth Amendment. See id. Whereas the structural differences between Hawaii and the federal government in the context of the right to counsel justified a departure, no such differences exist between the New Mexico Constitution and the United States Constitution that would justify a departure from federal Sixth Amendment precedent. See id.
{52} In the instant case, there is no flaw in the federal analysis, nor are there structural differences that warrant departure from federal precedent in the context of permanent border patrol checkpoint seizures.13 The last criteria identified in Gomez, however, does justify departure from federal precedent in this context. The existence of “distinctive state characteristics,” justify a departure where a certain constitutional right has a “unique importance in our state.” Woodruff, 1997-NMSC-061, ¶25, 124 N.M. 388, 951 P.2d 605. New Mexico is one of a few states that are close to or border on an external border of the United States. The federal government, pursuant to statutory authorizations, has the power to implement permanent border patrol checkpoints so that they may interrogate those believed to be aliens as to their right to be in the United States. See 8 U.S.C. § 1357(a)(1), (a)(3) (2000) (“Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant— (1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States” ... “within a reasonable distance from any external boundary of the United States.... ”). The authority conferred by federal statutes may be exercised anywhere within 100 air miles of the border. See 8 C.F.R. § 287.1(a)(2) (2001). Consequently, in addition to aliens who have recently crossed the Mexican border, individuals who reside or travel within 100 air miles of the border within the State of New Mexico, are also subject to such federal interrogation.
{53} In the present case, the permanent border patrol checkpoint was sixty miles within the interior of New Mexico. Accordingly, it is quite possible that a significant percentage of domestic traffic continuously passes through the checkpoint everyday. The presence of domestic traffic through a border patrol checkpoint is a significant factor to consider when analyzing the limits of border patrol search and seizure law. See, e.g., Carroll v. United States, 267 U.S. 132, 154, 45 S.Ct. 280, 69 L.Ed. 543 (1925) (“[Tjhose lawfully within the country, entitled to use the public highways, have a right to free passage without interruption or search____”); United States v. Jackson, 825 F.2d 853, 858 (5th Cir.1987) (“It is the single fact that the individual or item has entered this nation from outside that justifies the [border] search.”) (emphasis in original). Since not all individuals that are required to stop at a permanent checkpoint have been outside the United States but are New Mexico motorists lawfully traveling on New Mexico’s highways, New Mexico has an interest in providing some protection to individuals who are compelled to pass through a checkpoint. Under federal law, a border patrol officer has wide discretion in continuing to detain an individual at a checkpoint. See Lrudlow, 992 F.2d at 263-64 (quoting United States v. Pinedo-Montoya, 966 F.2d 591, 593 (10th Cir.1992) (“Border patrol agents have virtually unlimited discretion to refer cars to the secondary inspection area.”) (internal quotation marks and citation omitted.)). The referral to a secondary inspection area, however, undoubtedly is a further more significant intrusion since it not only extends the time of the detention, but also requires a motorist to abandon his or her route of travel and continue to a more isolated area for continued interrogation. To protect individuals who are merely traveling within the State, there must be some objective standard that ends a potentially limitless inquiry that forces the movement of a motorist to a secondary area. Without such a standard, a detention at a border checkpoint can be prolonged indefinitely. New Mexico, therefore, has a unique interest in regulating prolonged seizures and subsequent searches performed at permanent checkpoints located within its territory. Such distinctive characteristics justify a departure from federal precedent. Therefore, I agree with the departure from federal precedent articulated in Estrada, 111 N.M. at 802, 810 P.2d at 821, and Guzman, 118 N.M. at 117, 879 P.2d at 118, which presumptively terminates the initial inquiry and requires that a government agent have reasonable suspicion before a motorist can be referred to a secondary inspection area.
{54} This departure from federal precedent is limited to the context of prolonged seizures at permanent border patrol checkpoints within the interior of New Mexico. Permanent border patrol checkpoints are different from the international border where all individuals passing through have been out of the United States. See, e.g., United States v. Montoya de Hernandez, 473 U.S. 531, 538, 105 S.Ct. 3304, 87 L.Ed.2d 381 (1985) (“[T]he Fourth Amendment’s balance of reasonableness is qualitatively different at the international border than in the interior.”). Recognizing a distinction between the international border and permanent border patrol checkpoints does not weaken the importance of allowing federal agents to stop drivers at a permanent checkpoint without articulable suspicion or probable cause. “[Mjaintenance of a traffic-cheeking program in the interior is necessary because the flow of illegal aliens cannot be controlled effectively at the border.” Martinez-Fuerte, 428 U.S. at 556, 96 S.Ct. 3074. Under New Mexico ease law, individuals can be stopped at a border patrol checkpoint without justification. See Estrada, 111 N.M. at 799, 810 P.2d at 818. New Mexico’s unique interest which justifies departure from federal precedent is confined only to prolonged detentions once an individual is stopped at an interior permanent border patrol checkpoint.
V.
{55} Since the evidence obtained as a result of the prolonged seizure of the Defendant and subsequent search of his vehicle would be unlawful under Article II, Section 10 of the New Mexico Constitution had state officials conducted the search, our exclusionary rule prohibits the use of such evidence in a New Mexico state court. See Snyder, 1998-NMCA-166, ¶ 1, 126 N.M. 168, 967 P.2d 843. To effectuate the constitutional right of the accused to be free from unreasonable search and seizure, New Mexico courts must deny the State the use of evidence in a criminal proceeding in state court when that evidence results from an unreasonable search or seizure. Id. ¶ 16. By determining that individuals must have greater protection at border patrol checkpoints, we have determined that the referral to secondary inspection without reasonable suspicion is unreasonable. See Estrada, 111 N.M. at 802, 810 P.2d at 821; Guzman, 118 N.M. at 117, 879 P.2d at 118. The evidence in this ease, therefore, should be suppressed.
VI.
{56} In summary, although I concur in the result reached by the majority, I do not believe the majority fully analyzed all of the issues raised by this case. For this reason, I felt compelled to write separately to explain my concerns.
. Federal constitutional jurisprudence as it applies to state action underwent a long and arduous development. The United States Supreme Court struggled for nearly fifty years attempting to define and justify the scope of the Fourth Amendment and the exclusionary rule as it applied to the states through the Fourteenth Amendment. See Mapp v. Ohio, 367 U.S. 643, 646-54, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). Despite the complexity of analyzing the scope of power of each sovereign in a dual sovereign nation and delicately balancing such power pursuant to notions of federalism, the majority concludes with little justification or authority that the New Mexico Constitution applies to federal agents.
. I agree with the Defendant that the Supremacy Clause does not prohibit state law from providing greater protection for individual rights than does federal law. See generally Gomez, 1997-NMSC-006, 122 N.M. 777, 932 P.2d 1. The Supremacy Clause may be triggered, however, when states seek to control federal action. See Latzer, supra, at 876 (recognizing that the supremacy of federal law might bar application of the state constitution to agents working for the federal government).
. See, e.g., State v. Deltenre, 77 N.M. 497, 503-04, 424 P.2d 782, 786 (1966), overruled on other grounds by State v. Martinez, 94 N.M. 436, 439, 612 P.2d 228, 231 (1980) (declaring that although an arrest is valid under federal standards, the warrantless arrest must still be tested by New Mexico standards, but simply concluded-with no analysis that "nothing in the New Mexico cases ... vitiates the validity of the arrest in this case”); State v. Garcia, 76 N.M. 171, 174, 413 P.2d 210, 212 (1966) (referring to Article II, Section 10 as "almost identical” with the Fourth Amendment); State ex rel. Serna v. Hodges, 89 N.M. 351, 356, 552 P.2d 787, 792 (1976), over-, ruled on other grounds by State v. Rondeau, 89 N.M. 408, 412, 553 P.2d 688, 692 (1976) (recognizing that "as the ultimate arbiters of the law of New Mexico[,][w]e are not bound to give the same meaning to the New Mexico Constitution as the United States Supreme Court places upon the United States Constitution” but analyzing the New Mexico Constitution as providing the same protection as the federal Constitution); State v. Sandoval, 92 N.M. 476, 478, 590 P.2d 175, 177 (Ct.App.1979) (applying the federal “automobile exception” without consideration of the New Mexico Constitution); State v. Pena, 108 N.M. 760, 779 P.2d 538 (1989) (same), overruled by Gomez, 1997-NMSC-006, ¶ 35, 122 N.M. 777, 932 P.2d 1.
. See, e.g., State v. Gutierrez, 116 N.M. 431, 447, 863 P.2d 1052, 1068 (1993) (rejecting the federal "good faith exception” to the exclusionary rule); State v. Attaway, 117 N.M. 141, 147, 151, 870 P.2d 103, 109, 113 (1994) (holding that the New Mexico Constitution embodies a knock-and-announce requirement while the United States Supreme Court had not addressed whether a knock-and-announce requirement was required for officers executing a search warrant); Campos v. State, 117 N.M. 155, 158, 870 P.2d 117, 120 (1994) (declining to adopt the blanket federal rule that "all warrantless arrests of felons based on probable cause are constitutionally permissible in public places”); State v. Madalena, 121 N.M. 63, 68-69, 908 P.2d 756, 761-62 (Ct.App. 1995) (recognizing its authority to depart from federal constitutional precedent in determining whether a sobriety checkpoint is reasonable but not fully analyzing a reason for the departure); State v. Breit, 1996-NMSC-067, ¶ 35, 122 N.M. 655, 930 P.2d 792 (narrowly expanding the federal double jeopardy standard).
. In State v. Hunt, the New Jersey Supreme Court suggested additional reasons to justify the divergence from federal constitutional interpretation: (1) differences in textual language; (2) legislative history; (3) preexisting state law; (4) structural differences between state and federal constitutions; (5) matters of particular state interest or local concern; (6) state traditions; and (7) public attitudes. 91 N.J. 338, 450 A.2d 952, 965-67 (1982) (Handler, J., concurring).
. I respectfully disagree with Chief Justice Serna’s analysis of United States Supreme Court precedent that, in his view, limits an agent's routine inquiry to those suspicious circumstances directly related to immigration. See Special Concurrence, Serna, C.J., II 70 (quoting City of Indianapolis v. Edmond, 531 U.S. 32, 121 S.Ct. 447, 455, 148 L.Ed.2d 333 (2000)) ("If an agent is permitted to extend a detention due solely to suspicious circumstances relating to narcotics, there would be no check on the agent's ability to extend the detention indefinitely based only on the 'generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime.’ "). To the contrary, the Court in Edmond only addressed the "constitutionality of a highway checkpoint program whose primary purpose [was] the discovery and interdiction of illegal narcotics.” 121 S.Ct. at 450 (emphasis added). The Court "expressed] no view on the question [of] whether police may expand the scope of a [constitutionally valid] checkpoint seizure in order to detect the presence of drugs in a stopped car.” Id. at 457 n. 2. The Court specifically noted that their holding "does not impair tire ability of police officers to act appropriately upon information that they properly learn during a checkpoint stop justified by a lawful primary purpose, even where such action may result in the arrest of a motorist for an offense unrelated to that purpose.” Id. at 457.
. The Defendant next argues that the consent to search his vehicle, which was obtained from him by border patrol agents after he was referred to secondary, was invalid because the dismantling of his vehicle exceeded the scope of his consent. I concur in the majority's analysis of the consent issue under the Fourth Amendment. I would only emphasize that Gomez requires courts to completely analyze all issues under the federal Constitution before commencing a state constitutional analysis. For instance, had the agents in this case exceeded the scope of the Defendant’s consent, the federal Constitution would have provided the Defendant with protection and-the state constitutional issues would not need to have been addressed. Since the agents' dismantling of the vehicle in this case was reasonably within the scope of the Defendant's consent, however, their actions were lawful under the federal Constitution. Therefore, finding that the federal Constitution does not provide the Defendant with protection, the state constitutional issue should be addressed.
. By independently analyzing the state and federal standards, the Court of Appeals engaged in an analytical process more akin to a dual sovereignty approach to independent state constitutional interpretation, rather than an interstitial approach. Under the dual sovereignty approach, “both the state and the federal constitutions provide independent and equivalent sources of individual rights.” Juste, supra, at 360. This approach mandates an examination of both sources in every case and allows the states to begin their analysis with either source. See id. As a result, state constitutional law is always examined. This method is distinct from tire interstitial method of Gomez, since the state constitutional issue is not examined if the right being asserted is protected under the federal constitution. 1997-NMSC-006, ¶ 19, 122 N.M. 777, 932 P.2d 1.
. This rule does not affect the validity of the search with respect to the federal Constitution authorizing the search. To the contrary, this conclusion only confirms that state law determines the admissibility of evidence in state court. See State v. Rodriguez, 317 Or. 27, 854 P.2d 399, 416 n. 13 (1993) (Unis, J., specially concurring). I recognize that there are some jurisdictions that hold that state constitutional protections do not determine the admissibility of evidence which was obtained by federal officers in conformity with federal law. See, e.g., State v. Mollica, 114 N.J. 329, 554 A.2d 1315, 1330 (1989) (“[New Jersey’s] state constitutional protections against unreasonable searches and seizures do not govern the legality of the actions of federal officers with respect to their search and seizure of evidence, provided that their conduct is pursuant to federal authority and consistent with applicable federal law[.]”). Unlike New Mexico's exclusionary rule which focuses on the constitutional right of the accused to be free from unreasonable searches and seizures, see Gutietrez, 116 N.M. at 446, 863 P.2d at 1067, the essential objective of the exclusionary rule in these jurisdictions is to deter unlawful police conduct. See Mollica, 554 A.2d at 1328 (”[W]e recognize that an essential objective of our constitutional protection against unreasonable search and seizure and the remedial exclusionary rule is to deter unlawful police conduct.”). As such, I find the cases in these jurisdictions unpersuasive.
. I do not agree with the majority that "the New Mexico Constitution demands that after a Border Patrol agent has asked about a motorist’s citizenship and immigration status, and has reviewed the motorist’s documents, any further detention requires reasonable suspicion of criminal activity.” Majority Opinion, ¶ 20. First, this interpretation of the New Mexico Constitution is unsupported by New Mexico case law. See State v. Affsprung, 115 N.M. 546, 549, 854 P.2d 873, 876 (Ct.App. 1993) (recognizing that a border patrol agent, within the scope of a permissible checkpoint inquiry, may ask questions of the driver and passenger about citizenship and ask them to explain suspicious circumstances); State v. Guzman, 118 N.M. 113, 115, 879 P.2d 114, 116 (Ct.App. 1994) (concluding that the agent's questions about where the defendant was coming from and whether the defendant was the owner of the vehicle were constitutionally permissible even though the agent was satisfied that the defendant was lawfully in the country); State v. Porras-Fuerte, 119 N.M. 180, 185, 889 P.2d 215, 218 (Ct.App. 1994) (concluding that agents could permissibly ask the defendant about suspicious circumstances so as to develop reasonable suspicion). Moreover, the majority's conclusion that New Mexico law only permits a federal agent to ask limited preliminary questions pertaining to the citizenship and immigration, coupled with its holding that federal agents are subject to the provisions of the New Mexico Constitution, further infringes on the supremacy of federal law. This interpretation so severely frustrates border patrol agents’ statutory duty to stop tire smuggling of illegal aliens and contraband that federal agents will never be able to conform to the mandates of the New Mexico Constitution and execute their obligations under federal law.
. The Court of Appeals failed to recognize the significance of this distinction between New Mexico and federal case law.
. I emphasize that cases decided after Gomez that involve instances where it has been resolved that the state constitution provides greater protection, need not again undergo a full Gomez. analysis. For instance, in State v. Warsaw, 1998-NMCA-044, ¶¶ 18-19, 125 N.M. 8, 956 P.2d 139, the Court of Appeals held, without conducting a complete Gomez analysis, that Article II, Section 10 of the New Mexico Constitution requires both probable cause and exigent circumstances to justify the warrantless search of an automobile. The Court of Appeals did not need to analyze the validity of its departure from federal precedent since this Court in Gomez already fully analyzed the issue and articulated a sufficient justification for departure from the federal automobile exception.
. It is important to emphasize that when determining whether there exists a distinctive characteristic to justify departure, the analysis must continue to focus on the specific constitutional principle-permanent border patrol checkpoint seizures-which was analyzed under federal law, rather than New Mexico constitutional law as a whole. Departure is not warranted simply because New Mexico's exclusionary rule is based on a rationale distinct from the federal exclusionary rule. See Snyder, 1998-NMCA-166, ¶ 15, 126 N.M. 168, 967 P.2d 843 (concluding that, unlike the federal exclusionary rule, "New Mexico’s exclusionary rule is not based on the rationale that suppression of tainted evidence is warranted only if such suppression is likely to alter tire behavior or polices of law enforcement officials”). If the difference in our exclusionary rule was the basis for departure, state constitutional interpretation would always prevail over federal law. Such a procedure would undermine the purpose of Gomez. Therefore, it is important to narrow the analysis and focus on the specific constitutional principle upon which the Defendant asserts protection.